Copyright and Media Usage

We are not attorneys; we are artists, but this is what we understand so far regarding copyright and media usage.

Fair use: Fair use is a legal doctrine that allows the use of copyrighted material without obtaining permission from the owner. This doctrine is generally applied in cases where the use of the copyrighted material is for criticism, comment, news reporting, teaching, scholarship, or research.

Personal use: Personal use refers to the use of copyrighted material for private purposes, such as displaying a photograph in your home or sharing it with family and friends.

Editorial use: Editorial use refers to the use of copyrighted material in a news or journalistic context, such as in a newspaper or magazine article.

Educational use: Educational use refers to the use of copyrighted material in a classroom or educational setting, such as in a lecture or presentation.

Transformative use: This refers to the use of copyrighted material in a way that transforms its meaning or purpose. This type of use is often associated with parody, satire, or commentary and may be considered fair use under certain circumstances.

Derivative use: This refers to the creation of a new work based on a copyrighted work. For example, if someone creates a painting based on a photograph, that painting would be considered a derivative work. This type of use may require permission from the copyright owner or may be subject to fair use principles.

Non-commercial use: This refers to the use of copyrighted material for non-profit or non-commercial purposes, such as in a personal blog or social media post. Non-commercial use may be subject to fair use principles, but it is important to consider the specific circumstances of the use.

Public domain use: This refers to the use of works that are no longer protected by copyright and are free for anyone to use. This can include works whose copyright has expired, works that were never protected by copyright, or works that the copyright owner has explicitly placed in the public domain.

Promotional use: Promotional use refers to the use of copyrighted material to promote a product, service, or event. Promotional use is a type of commercial use.

Commercial use: Commercial use refers to the use of copyrighted material for financial gain or profit, such as using a photograph in an advertisement or selling prints of a photograph. Commercial use generally requires permission from the copyright owner or the payment of licensing fees.

Of the use types discussed above, commercial use and some types of derivative use generally require permission or a license from the copyright owner. Commercial use is any use of a photograph or other copyrighted material that is intended to generate revenue or financial gain. This can include using a photograph in an advertisement, selling prints or merchandise featuring the photograph, or using the photograph in a commercial publication. In general, commercial use requires permission from the copyright owner or the payment of licensing fees. Derivative use refers to the creation of a new work based on a copyrighted work. If someone creates a new photograph that is based on or incorporates an existing photograph, that new photograph would be considered a derivative work. Derivative works may require permission from the copyright owner or may be subject to fair use principles.

It’s important to note that the specific circumstances of each use will determine whether it requires permission or a license. For example, some types of non-commercial use may still require permission if the use is extensive or if it could potentially harm the market value of the original work. Additionally, some types of fair use may be allowed without permission or a license, even if they involve commercial or derivative use.

If you have questions about copyright and media use, it’s always a good idea to consult with a lawyer or copyright expert.