Copying Graphics - What is Fair Use?

it0 asks: "I'm writing a web application and since I can't create good graphics, I'll be ripping them from other places on the web. The decent thing to do would be to ask permission, and at least specify where you got the graphic, however I don't see this happening much on other websites. Here's an example: I copied a trashcan icon that seems to be used by everyone and nobody seems to specify its original source. What about wallpapers? I've see a lot of models without references? I've also seen a lot of images that imitate the Windows GUI, and I've yet to notice anyone getting sued! For those interested, here is more information on the subject."

Comments

Re:You're kidding, right?

[iCEBaLM]

Fair use is when you have the permission of the author (or copyright holder, if they are not one and the same).

You are wrong.

Fair use is the doctrine allowing the use of copyrighted works, particularly excerpts, for "criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research".

I turn your attention to USC Title 17, Chapter 1, Section 107.

-- iCEBaLM

Re:You're kidding, right?

[Anonymous Coward]

I see a lot of folks on slashdot who think "fair use" means "do whatever you like as long as you don't make money". I personally think that's what fair use should be, but that's not what it is.

However, you are an interesting opposite. You seem to think that there is NO fair use. What you describe is "copyright law", without fair use.

But even though you put the word "Period." in boldface, that actually is wrong.

Fair use is a defense against copyright infringement. (I hope you don't mind if I just use the punctuation instead writing out the word "period" :-).

For instance, a copyright holder might be a terrible speller. And you want to write a critical article, showing what a terrible speller he is. So you quote from the book he wrote in your article. He then sues you for copyright infringement. You can claim "fair use" as a defense.

There are several things that a judge would consider before accepting a fair use defense, you can do a web search and learn about them.

No, the person asking the question is not going to be able to use a "fair use" defense if he copies somebody else's artwork for his web site. But there is such a thing, and it is possible to sometimes copy parts of a work without permission and without infringing copyright.

And he doesn't have the right to create derivative images either, so your parenthetical comment doesn't add anything.

Thank you, have a nice day.

My experience

[The Clockwork Troll]

I am of the school, "if it's out there and it's generic enough, it's OK to use it."

Actually I used to be worse than that, I used to link to the actual image I wanted to use rather than do the considerably more decent thing which would be to download it and host it on my own server.

I got my comeuppance one day when someone pointed out that a prominent image on my home page had been replaced with an image of somebody's middle finger which superimposed text reading:

That's what you get for stealing my bandwidth

Suffice to say I host all my own images now.