Would this be considered 'fair use'?

04/20/2014 10:51:17 AM · #1

I am creating a composite image with the subject being a boxer. The picture was taken in a studio but I am creating the image to look more like he is in a gym, so I want to put a couple of boxing posters on the wall in the background. I would like to use a couple of poster images I found via google.

So, is this a copyright violation to use these images in this fashion?

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/20/2014 11:17:54 AM · #2

Only the judge presiding over the case can give you a definitive answer, but I'd say this would be a very borderline case. It might well depend on their size/prominence in the image.

For example, if you have your boxer at a speed bag near the wall flanked by two posters as tall as his (her?) upper body, that might well be a violation. But if you have the boxer in a ring, with the posters on the far wall, about as large a the subject's head (and perhaps a bit out-of focus) it would probably be OK.

Bear_Music

Samsung Galaxy S24 Ultra

Sony 24-70mm F4 Vario-Tessar T* FE OSS

04/20/2014 11:19:36 AM · #3

"In its most general sense, a fair use is any copying of copyrighted material done for a limited and â��transformativeâ�� purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner. In other words, fair use is a defense against a claim of copyright infringement. If your use qualifies as a fair use, then it would not be considered an illegal infringement."

from //fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

It's a very murky area of copyright law, but looking at the surface, what you're proposing is not fair use. Of course, I'm no lawyer...

Nikon AF-S Nikkor 17-35mm f/2.8D IF-ED

04/20/2014 11:31:53 AM · #4

I guess I will have to do without the posters then, unless I can find a couple of copyright free ones floating around.

Thanks.

tanguera

Nikon D750

04/20/2014 11:45:42 AM · #5

Originally posted by rcollier:

I guess I will have to do without the posters then, unless I can find a couple of copyright free ones floating around.

Thanks.

Or perhaps buy a couple and use them however you want :)

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/20/2014 11:48:54 AM · #6

Originally posted by tanguera:

Originally posted by rcollier:
I guess I will have to do without the posters then, unless I can find a couple of copyright free ones floating around.

Thanks.

Or perhaps buy a couple and use them however you want :)

Buying the physical object does not confer the right to reproduce it.

Bear_Music

Samsung Galaxy S24 Ultra

Sony 24-70mm F4 Vario-Tessar T* FE OSS

04/20/2014 11:49:11 AM · #7

Originally posted by tanguera:

Or perhaps buy a couple and use them however you want :)

Unfortunately, that isn't true: just because you own a poster doesn't give you the right to distribute copies of it.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/20/2014 12:10:18 PM · #8

You can always make up some fake posters -- they are mostly big bold type anyway ... use some of you out-takes for any needed graphic elements ...

CNovack

Canon EOS-600D/T3i Rebel

Canon EF-S 18-55mm f/3.5-5.6 IS

04/20/2014 12:29:12 PM · #9

Originally posted by GeneralE:

You can always make up some fake posters -- they are mostly big bold type anyway ... use some of you out-takes for any needed graphic elements ...

Furthering this excellent idea you could also then put some personal touchs in the text such as "last name of the model VS. last name of the photographer" for one poster. This could also help to 'identify' you as the copyright creator as that you cleverly put your name in plan sight:-)

tanguera

Nikon D750

Nikon AF-S Nikkor 17-35mm f/2.8D IF-ED

04/20/2014 01:18:56 PM · #10

I meant that they could be part of the background "atmosphere". Not that he could take pictures of the posters for reproduction purposes.

Canon 12x IS USM (S3 IS built-in Lens) -- 36-432mm (35mm EQ)

04/21/2014 01:06:49 AM · #11

Originally posted by tanguera:

I meant that they could be part of the background "atmosphere". Not that he could take pictures of the posters for reproduction purposes.

I was saying that they'd still have to be as "un-prominent" a part of the composition as if he pasted in digital versions. I'll try to sketch out some examples tomorrow ...

Spork99

OM System OM-1

Canon EF 100mm f/2.8 USM Macro

04/21/2014 08:54:17 AM · #12

Anytime you include a piece of IP in a commercial artwork, you run the risk of getting sued. That's part of the reason you see logos etc blurred out on "reality TV" (the other reason is the network's reluctance to provide free advertising).

In any event, even if you were to prevail in the final courtroom decision, ask yourself, "Am I really prepared to deal with the time and expense of defending my use of this artwork in court?" If you lose, the financial consequences could be devastating. The financial consequences of just paying for lawyers could easily bankrupt a small photography business and/or individual photographer.

What constitutes "Fair Use" is pretty specific and narrow. If there's any question, it's probably NOT "fair use".

Message edited by author 2014-04-21 08:55:59.

dtremain

Canon EOS 80D

Canon EF 28-80mm f/3.5-5.6 II

04/21/2014 09:45:10 AM · #13

Make the posters from outtakes of your own shots of the boxer.

04/21/2014 09:58:32 AM · #14

Originally posted by Spork99:

I probably should have stated up front that this was NOT for commercial purposes. Not that it makes any difference at this point, as it is fairly clear that at best, it would be a grey area, so I definitely won't be doing it. I have nothing to gain as it is just something I was putting together for my own interest.

04/21/2014 10:06:47 AM · #15

Originally posted by dtremain:

Make the posters from outtakes of your own shots of the boxer.

Unfortunately, the shoot was of a male fitness model, with just a couple of shots of him with boxing gloves. I simply don't have the material needed to make a poster. I will probably just stick with the studio shots in this case.