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Maverick
Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 5934
Experience:  20 years professional experience.
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I am using a photograph of a Miller Beer bottle lable in an

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I am using a photograph of a Miller Beer bottle lable in an educational podcast (I found the photo on the web). The podcast will be published on a non-profit industry site that is not considered an educational institution.
Is this considered "fair use" or do I need to secure permission from Miller before I use it?

Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors in resolving fair use disputes, which are discussed below. A judge has a great deal of freedom when making a fair use determination and the outcome in any given case can be hard to predict. So it is best to secure written permission first.

 

The four factors judges consider are:

  1. the purpose and character of your use
  2. the nature of the copyrighted work
  3. the amount and substantiality of the portion taken, and
  4. the effect of the use upon the potential market.

 

Take a look at this link and see if your use can be characterized as fair use based on the legal decisions made in other fair use cases:

 

http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.html

 

 

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