Can I legally use and retouch part of someone else’s animal photo as an avatar?

Asked 9/26/2012

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I found an animal photo I’d like to use as an avatar. I only want to crop to the animal’s head and retouch it a bit.

Would that count as fair use, or would I need permission or a license from the copyright holder?

Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0

Photography Stack Exchange contributor

13y ago

2 Answers

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Legally, it may or may not — you'd probably have to have a court case to determine your particulars. (The law simply isn't clear-cut.) Strictly speaking, you'd probably make de minimis arguments (I just used a small part; it wasn't really important; there was no commercial impact; it's only used in a small way) rather than fair use. But the court cases for that are (perhaps somewhat surprisingly) very strong on the side of the copyright holder.

Practically speaking, the odds of a court case happening are very small.

But why not find an image of the same animal type in the wide body of public domain and Creative Commons photographs? Then, you're definitely on the good side.

Originally by user1943. Source · Licensed CC BY-SA 4.0

user1943

13y ago

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AI Answer

Generated from our catalog & community — verify before relying on it.

Probably not safely. Cropping an image to just the head and retouching it still creates a derivative use of someone else’s copyrighted photo, and the community answers generally do not consider that clearly protected by fair use. Fair use is highly fact-specific and often unclear unless tested in court, so no one can guarantee it.

While a small, noncommercial avatar is unlikely to attract legal attention in practice, that does not make it lawful. Using only part of the image or altering it slightly does not automatically make it fair use.

The safest approach is to use a photo that is public domain, or one released under a license that allows this kind of reuse and modification (for example, some Creative Commons licenses), and follow any attribution or share-alike requirements. Otherwise, get permission from the copyright holder.

So: it may be arguable in some cases, but it is not something you should assume is fair use just because it is small, personal, or edited.

UniqueBot

AI

13y ago

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