Fair use photos are photographs that can be adopted and published by users. Fair use applies to digital images as long as certain requirements are fulfilled. With rare exceptions, these guideline categories often include educational, research, and personal usage. Users are granted permission to use selected photographs under the terms of fair use.
Examples of fair use: Quotes in reviews, news reports, or other limited contexts; Non-commercial blogs/websites; Photo essays.
Not all forms of use qualify as fair use. For example, copyright infringement is not considered fair use. If you have a legal question about whether your use qualifies as fair use, you should consult with a lawyer or other expert before taking any action.
How do I know if my use is fair game? There are four factors that must be taken into account when determining if your use is fair game: Purpose/Affected Market Interest/Value of Copyrighted Work Influence of Use on Market Price.
The first factor requires consideration of how many copies will be made of the work. This is called the "purpose" of the use. For example, copying materials for your own personal use does not affect the market for the copyrighted work; thus it is considered "fair use." Copying materials for an academic paper would likely affect the market for the copyrighted work; therefore, this use would not be considered "fair use."
The majority of picture usage in teaching and paper writing come within the well-known "fair use" rule (single use for scholarly purposes). Fair use, in essence, permits academics to use copyrighted materials just once for a restricted audience without obtaining permission from the copyright owners. Images used in research papers must be cited with attribution.
Images used in teaching materials may not be taken from papers or articles. They should be created specifically for that purpose. However, it is acceptable to use public domain images in teaching materials so long as you include a credit line directing students to the source of the image. The use of copyrighted material in teaching requires permission from its owner.
Images used in presentations may not be taken from papers or articles. However, it is acceptable to use public domain images in presentations so long as you include a credit line directing students to the source of the image. The use of copyrighted material in presentations requires permission from its owner.
Certain uses of copyrighted material are permissible under fair use without acquiring permission from the copyright holder. Fair use permits the reproduction of copyrighted content in an educational environment, such as when a teacher or a student uses photos in the classroom. It is also allowed for purposes of criticism, comment, news reporting, teaching, scholarship, and research.
Fair use applies both to images and other types of copyrighted material. Copyright protects original works of authorship including literary and artistic works. Copyright protection subsists automatically upon publication with only limited exceptions for subsequent legal action. When you publish your work others may make copies for their own benefit or others may cite these copies as evidence of the first work's existence. Unless you have obtained permission from the copyright holder, you cannot reproduce or distribute copies of the work.
There are four factors that must be considered when determining whether or not fair use applies to a particular situation: (1) the purpose of the use, (2) the nature of the use, (3) the effect of the use on the market for the work, and (4) the amount and substantiality of the portion used in relation to the whole work.