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Category: Intellectual Property Law
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Experience:  Professor of Law at Top-Tier Law School, specializing in patent & copyright
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Can I copy photos of magazine covers & paste them to my blog

Resolved Question:

Can I copy photos of magazine covers & paste them to my blog? If not, how can I quickly get permissions?
Submitted: 3 years ago.
Category: Intellectual Property Law
Expert:  Law Professor replied 3 years ago.

Sometimes -- it depends on what you are doing. If you are commenting on the original, you often can qualify for "fair use" -- which allows you to use copyrighted work without asking if you are commenting and if you take only a modest amount and in a way that does not much harm the original copyight holder.

 

As for permission, I think it would be very hard for a normal blogger to get the attention of a major magazine to get permission like this. You could try (email customer service) but my guess is that you will not get a response.

 

Overall, be sure to be modest. If you take a giant version, or take every cover every week, you will get in trouble. But small-scale copying in the context discussed should typically be okay as fair use.

 

Good luck.

Customer: replied 3 years ago.
QUESTION ONE: I'm a freelance writer that gets paid to write from time to time, and I also blog on my business website and general tumblr. In all of these instances is it fair use to use the magazine covers?

QUESTION TWO: Also what about if I take screen shots of me on my social medias like twitter or fashion look books, etc. for a "press page" of sorts. Is this fair use as well?
Expert:  Law Professor replied 3 years ago.

The fact that you are making money does not much alter the analysis. A professional book reviewer makes money, but he still can quote the book (modestly) and rely on fair use to protect him. So that's not a big issue.

 

Screen shots would again have to come under fair use, where you need to make sure you are taking only modestly, not causing economic harm, and so on. But a conventional press page is likely not to cause any problems.

 

Law Professor, Law Professor
Satisfied Customers: 1104
Experience: Professor of Law at Top-Tier Law School, specializing in patent & copyright
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