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:
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:
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13 yrs plus civil law experience.
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