#1: Do you understand the term fair use?
Just because you provide attribution and/or a link back to the original doesn’t
mean you’re free and clear. Fair use has nothing to do with attribution. That’s
an issue related to plagiarism, which is different from copyright.
Fair use basically means you’re allowed to
infringe on someone’s copyright and they can’t do anything about it. If your
use is covered by fair use, you don’t have to provide attribution anyway
(although it would be nice).
#2: Why are you using the image?
If it is
“…for purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research…” you’re on the
right track.
If you’re just using the image to pretty up
a post, then think twice; or better yet, get permission or buy a stock image.
#3: Have you transformed the image?
If the
new work which incorporates the copyrighted image is a “transformative
work”—what you created no longer resembles the original—there is a greater
likelihood of finding an exception to copyright infringement.
Are you taking an image and incorporating
it into an infographic? Is the image now part of a video used for one of the
reasons set forth in the Copyright Act?
#4: How much of the image are you using?
If
you’re using a thumbnail and linking to the original location, there is greater
likelihood of finding fair use than if you just post the original image. If
you’re doing a post about facial features and are just using a portion of the
face from an image, you stand a better chance of arguing fair use than if you
used the entire image.
#5: Are you willing to risk your site being
taken down, getting a cease and desist/bill/DMCA or being sued?
The Digital Millennium
Copyright Act (DMCA) provides very powerful options for a copyright owner to
protect his or her works in the digital space. By hitting “publish,” you may be
opening a can of worms.