4 ms·

IANAL, but fair use doesn’t cover commercial art used to sell something, like this DVD packaging. If it did, the stock photography business might crumble overni

by jhugg 9y ago

IANAL, but fair use doesn’t cover commercial art used to sell something, like this DVD packaging. If it did, the stock photography business might crumble overnight.

Alex3917 9y ago
> fair use doesn’t cover commercial art used to sell something, like this DVD packaging. Slavish reproductions can't be copyrighted in the first place, so it's irrelevant.
Teeer 9y ago
Nope, commercial or non-profit it doesn't matter. See Myth #1: http://www.adweek.com/digital/fair-use-youtube/ http://www.adweek.com/digital/fair-use-youtube/
- mthoms 9y ago
  There are 4 criteria used for evaluating whether fair use applies. The first being: 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; Source https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors To be clear, commercial usage doesn't automatically indicate a violation but it would be considered.
cooper12 9y ago
IANAL. Fair use doesn't have a strict definition and depends on a bunch of factors that would be considered in a court: * the purpose and character of your use * the nature of the copyrighted work * the amount and substantiality of the portion taken, and * the effect of the use upon the potential market. (https://fairuse.stanford.edu/overview/fair-use/four-factors/ https://fairuse.stanford.edu/overview/fair-use/four-factors/) You certainly can include copyrighted content in commercial art, for example if it's a single second of a video, the main subject of discussion (such as in a review), a small portion of a complete work (like a quote), and more. Non-commercial use could still affect the potential market for an original (such as by outselling it or defacing it). So a lot of it depends on how much you're using, how you're transforming it, and how it affects the original.

by jhugg 9y ago

IANAL, but fair use doesn’t cover commercial art used to sell something, like this DVD packaging. If it did, the stock photography business might crumble overnight.

Alex3917 9y ago

> fair use doesn’t cover commercial art used to sell something, like this DVD packaging. Slavish reproductions can't be copyrighted in the first place, so it's irrelevant.

Teeer 9y ago

Nope, commercial or non-profit it doesn't matter. See Myth #1: http://www.adweek.com/digital/fair-use-youtube/ http://www.adweek.com/digital/fair-use-youtube/

mthoms 9y ago
There are 4 criteria used for evaluating whether fair use applies. The first being: 1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; Source https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors To be clear, commercial usage doesn't automatically indicate a violation but it would be considered.

cooper12 9y ago

IANAL. Fair use doesn't have a strict definition and depends on a bunch of factors that would be considered in a court: * the purpose and character of your use * the nature of the copyrighted work * the amount and substantiality of the portion taken, and * the effect of the use upon the potential market. (https://fairuse.stanford.edu/overview/fair-use/four-factors/ https://fairuse.stanford.edu/overview/fair-use/four-factors/) You certainly can include copyrighted content in commercial art, for example if it's a single second of a video, the main subject of discussion (such as in a review), a small portion of a complete work (like a quote), and more. Non-commercial use could still affect the potential market for an original (such as by outselling it or defacing it). So a lot of it depends on how much you're using, how you're transforming it, and how it affects the original.