Displaying a Company's Magazine Advertisement on a Blog

[whatisthelaw]

Is it infringement if I show an advertisement page from a magazine (it is digital anyways) on a blog to make fun of it?

It seems other people do it without a hitch:

thestar.blogs.com/stargazing/2010/01/tiger-woods-on-the-cover-of-vanity-fair.html

 

[SandraMSovin]

Copyright fair use allows for commentary or parody. The Copyright Office website, at www.copyright.gov, as some great informational circulars that offer detailed and understandable answers to many common questions. I would encourage you to visit the Copyright Office website, review the frequently asked questions, and the visit the "Informational Circulars" link and read the "Fair Use" information. In many cases, the answer is clear. But, since the analysis does come down to a case-by-case analysis, a quick review by an Intellectual Property Attorney is recommended.

 

[Michael Wechsler]

Sandra has you on the right track, specifically with regard to the right of "parody" using the Fair Use Doctrine. If this is solely a money making venture and the parody is an excuse of sorts, you might find some challenges. Otherwise, it's used regularly for the purpose you imply.

 

[whatisthelaw]

Sandra has you on the right track, specifically with regard to the right of "parody" using the Fair Use Doctrine. If this is solely a money making venture and the parody is an excuse of sorts, you might find some challenges. Otherwise, it's used regularly for the purpose you imply.

What if there's advertising on the site, not directly money making, is that still an obstacle. I know I see (my question) happening alot. Doesn't necessarily mean its legal.

 

[Michael Wechsler]

Once you add money into the equation it becomes a 'maybe' situation and itMs completely dependent upon the facts and circumstances. In most cases I've seen there isn't even a complaint made because there isn't much money to be recovered and no deep pockets.