Legally using images and videos in your blog

Copyright issues and clearing rights are so important to creating an ethical and secure marketplace. We have covered in previous blog posts what is Fair Use and understanding copyright laws better which you can find here. But that line can sometimes be gray so how do you know what is Fair Use and what can get you in deep water?

From the PACA website:

"Fair Use" doctrine allows limited copying of copyrighted works for educational and research purposes. The copyright law provides that reproduction "for purposes such as criticism, news reporting, teaching (including multiple copies for classroom use), scholarship, or research" is not an infringement of copyright.

This is a defense to infringement and is limited in scope. We had an interesting conversation with Adam Eland from WallStrip about this type of usage. If how you are using someone else's work qualifies as fair use, it will be decided by the courts, which balances various factors, and is decided on a case by case basis: This is where it can get gray. Guidelines are more commonplace than concrete rules, which is what can make things confusing for people that are not copyright lawyers. Here are some helpful guidelines:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
2. the nature of the copyrighted work; factual or more artistic
3. the amount and substance of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

So remember, when you are using someone else's work always be mindful of how you are using it and please give credit where credit is due. Just a simple shout-out on your page or link back to the author's page. It's only fair.