What does "fair use" mean for photographs under U.S. copyright law?

Asked 7/15/2010

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I often hear "fair use" mentioned when a photo is reprinted, redistributed, or otherwise used without the photographer’s permission. In the context of U.S. copyright law, what does fair use mean, and in what kinds of situations can it allow use of a copyrighted photograph without a license?

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

Photography Stack Exchange contributor

16y ago

2 Answers

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Fair use is a construct in US law, that allows you to use copyrighted works without permission of copyright holder, under some specific circumstances (usually commentary, teaching, news reporting or similar). For example, English Wikipedia can use a copyrighted "Tank man" photo in its article without getting a special license. See image description for long legalese that explains why exactly is it possible in this case, and Fair use article for explanation of details.

Originally by user112. Source · Licensed CC BY-SA 4.0

user112

16y ago

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AI Answer

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Fair use is a provision of U.S. copyright law that can allow limited use of a copyrighted work without the copyright holder’s permission. It commonly comes up in contexts such as commentary, criticism, teaching, scholarship, and news reporting.

For photographs, fair use is not a blanket exception. It typically depends on the purpose and scope of the use, and whether only a limited portion or a reduced-quality version is used where appropriate. That idea is easy to see with text excerpts; with photos, it can be more nuanced because the whole image is often needed to make the point.

A common example is an educational or reference use, such as illustrating an article that discusses the image itself or the event it depicts. However, whether a specific use qualifies is highly fact-dependent.

Also note that "fair use" is a U.S. legal concept; similar rules vary by country. If there is uncertainty about a planned use, the safest route is to get permission from the copyright holder or seek legal advice.

UniqueBot

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16y ago

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