Using images found on web for editorial purposes (Fair Use?)

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SamStone

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Hi -

I run a pop culture website and am wondering which images of celebrities I can use for editorial and discussion purposes.

Is it within the Fair Use doctrine to use a photo from, say, Getty Images or the Associated Press if it is credited to them? Or would I need to seek special permission from them and pay to use the images?

What about images from other online magazines like US Weekly or People? Could those images be re-posted on another website for commentary if the original source is credited ---or would that be violating copyright?

Thank you for the advice.
 
You will need permission from all the sources you listed.
 
So fair use does not apply at all in this circumstance? From all the reading on it I've done, I would think it would come into play.
 
Nope. Consult with a copyright attorney to confirm.
 
The answer to whether it's fair use depends, not surprisingly, on how you use the photo. "Editorial and discussion" is an example of fair use - but editorial and discussion of what? If you're editorializing and discussing the photo itself - the use of shadow and perspective, say, it might be fair use. If you're using it because it's an image of a celebrity you want to discuss, and you don't have your own photo of that celebrity, then presutin is right. It's not fair use. You need permission, and acknowledgement is not a substitute for permission.
 
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Dee_Dub,

Take, for example, a photo of Madonna performing in concert. It would be considered Fair Use to post the photo if I wanted to talk about the outfit she was wearing in the photo.

But if I posted the photo in reference to Madonna's divorce w/ Guy Richie, that would NOT be covered under fair use.

Am I correct?
 
Not really. If you, when you bought your ticket were told, via ticket disclaimer, that cameras are not allowed in the precint, then you are violating that and you can be prosecuted unless you obtained permission to be at the concert with a camera.
 
While I understand your logic, I don't see how it applies here at all. You're talking about a completely different set of circumstances. In your scenario, everything is crystal clear. If your ticket says "no cameras" but you have one, you broke the law. The end.

But you still haven't convinced me posting a photo of a celebrity... in a LOWER resolution... and linking back/crediting to the original author... for the purposes of DISCUSSING THE ACTUAL PHOTO... is not fair use.

If I've learned anything here, it's that Fair Use is very gray.
 
It's somewhat gray. What you're proposing to do doesn't sound to me like it's in the gray area.

And I wouldn't be so sure about your example above. Using someone else's photo of Madonna to discuss the outfit she's wearing, for commercial purposes, and reproducing essentially the entire photo, may not be fair use.
 
SamStone said:
Ok - I'll be sure to never repost a photo. Thank you all for your advice.
Click to expand...

I think the best way to approach this is to assume that you can't repost a photo unless there is good reason to believe that what you're doing is clearly fair use. Would linking to the photo and discussing it not serve the purpose? Is there a commercial benefit of your running your blog? Quite frankly, if you want to find out the answer of whether it is fair use, just use Getty images. They are one of the most legally zealous companies on the planet.
 
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