photo fair use question

[Robert Neves]

Jurisdiction

California

I found a photo online (file name indicates I got it from FaceBook) that shows a public setting in a city, showing a public event.
The background shows where an accident occurred resulting in injury, at or nearly the time of the incident.
I would like to use the photo to demonstrate the environment and density of people at the location of the incident. I believe these factors indirectly contributed to the incident.
I have not been able to contact the creator for permission to use (no response).
I only want to make copies for individuals connected to the incident.
Hoping to avoid litigation.
Could this fit into Fair Use exemption?

 

[Zigner]

Before you worry about that - what makes you think such a picture would even be admissible or relevant?

 

[adjusterjack]

Here, from the US Copyright Office, is an explanation of the "fair use" doctrine along with a link to search the index of case decisions.

U.S. Copyright Office Fair Use Index

My very uneducated guess for the 2 cents that it is worth is that, if you are doing this as a public service for educational purposes without compensation then, yes, I think it would likely be "fair use."

 

[Robert Neves]

Before you worry about that - what makes you think such a picture would even be admissible or relevant?

Thank you.
I hope to dispute an Open and Obvious defense of a hazard that caused the incident.
I believe the victim could have been too distracted by the city event to discover the hazard.
I believe the victim could have been compelled to encounter the hazard trying to navigate through the crowd of people.

 

[Zigner]

Thank you.
I hope to dispute an Open and Obvious defense of a hazard that caused the incident.
I believe the victim could have been too distracted by the city event to discover the hazard.
I believe the victim could have been compelled to encounter the hazard trying to navigate through the crowd of people.

I don't believe that the photo will have the power that you believe it will have, but best of luck to ya!

 

[Robert Neves]

Here, from the US Copyright Office, is an explanation of the "fair use" doctrine along with a link to search the index of case decisions.

U.S. Copyright Office Fair Use Index

My very uneducated guess for the 2 cents that it is worth is that, if you are doing this as a public service for educational purposes without compensation then, yes, I think it would likely be "fair use."

Thank you.
I was considering the teaching, educating parts of the exemption.
I found this on the internet "for purposes of examination". Wonder exactly what that means.

 

[zddoodah]

I would like to use the photo to demonstrate the environment and density of people at the location of the incident.

In what context do you want to use the photo? In other words, why are you in a position that you need or want "to demonstrate the environment and density of people at the location of the incident" (at the time the photo was taken)? Also, why is it that YOU (as opposed to a lawyer representing your interests) would need to do this.

Could this fit into Fair Use. . . ?

Could be. No way to know for sure without all relevant facts.

I was considering the teaching, educating parts of the exemption.

Exactly whom do you propose to educate or teach?

I found this on the internet "for purposes of examination". Wonder exactly what that means.

I wonder as well. Throwing up a four word quote completely devoid of context isn't all that helpful.

If you want to educate yourself about the basis of the fair use doctrine, review section 107 of the Copyright Act and the Supreme Court's decision in Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) (the Wikipedia article about the case is a decent summary).

 

[adjusterjack]

I hope to dispute an Open and Obvious defense of a hazard that caused the incident.
I believe the victim could have been too distracted by the city event to discover the hazard.
I believe the victim could have been compelled to encounter the hazard trying to navigate through the crowd of people.

Why is this even your business? Are you the victim who allegedly caused the accident by being distracted?

Your motives and the details count.

 

[Robert Neves]

Why is this even your business? Are you the victim who allegedly caused the accident by being distracted?

Your motives and the details count.

I am a family member of the victim. The victim has no memory of the incident because of resulting TBI.

 

[Robert Neves]

I

Exactly whom do you propose to educate or teach?

The city, that an object that may be open and obvious on a typical day may not be so open and obvious during a holiday festival.

 

[zddoodah]

Exactly whom do you propose to educate or teach?

The city, that an object that may be open and obvious on a typical day may not be so open and obvious during a holiday festival.

Then copyright infringement is not an issue about which you should be concerned. I express no opinion about the possible efficacy of what you are proposing to do.

 

[adjusterjack]

Then copyright infringement is not an issue about which you should be concerned. I express no opinion about the possible efficacy of what you are proposing to do.

Ditto.

 

[Robert Neves]

I thank all for your consideration.
If I do plan to use it I would have a professional review for content.
I am aware of a possibility it could work against the victim

 

[PayrollHRGuy]

Who, exactly, is going to testify about where and when the photo was taken?

 

[Robert Neves]

I believe the photo contents show the location and time of creation.

 

[adjusterjack]

What are you expecting to accomplish by using the photo?

If you intend to offer the photo as evidence of something, then copyright is not an issue. It's whether the photo is accepted as evidence or not.

What is it that happened to the "victim" that makes this photo so important?

 

[PayrollHRGuy]

I believe the photo contents show the location and time of creation.

Someone is going to have to testify to that in court if it is to be accepted as evidence.

 

[army judge]

Someone is going to have to testify to that in court if it is to be accepted as evidence.

Assuming IT ever gets admitted as evidence by the judge.

 

[adjusterjack]

I don't think that Mr Nieves is ever going to tell us what happened to the "victim."