Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law
This answer was rated:

I am using a photograph of a Miller Beer bottle lable in an

educational podcast (I found the...
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?
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 10 minutes by:
11/9/2009
Maverick
Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 6,425
Experience: 20 years professional experience.
Verified

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

 

 

Please click "Accept" so that I can get credit for this answer. We can continue our conversation after that at no additional charge.

Maverick
Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 6,425
Experience: 20 years professional experience.
Verified
Maverick and 87 other Intellectual Property Law Specialists are ready to help you
Ask your own question now
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 6,425
6,425 Satisfied Customers
Experience: 20 years professional experience.

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

848 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

459 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

450 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I am writing a book about the fundamentals of scheduling and
Hello I am writing a book about the fundamentals of scheduling and in my book, for some scheduling terms, i also show how to do those with two different scheduling software. I describe how to do it wi… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
848 satisfied customers
What are the legal obligations and implications for writing
What are the legal obligations and implications for writing an ebook guide to playing a game under copyright. (video or board) I reside in asia and want to know what constitutes an infringement since … read more
Law Professor
Law Professor
Law Professor
Post-Doctoral Degree
1,105 satisfied customers
I have a copyright on "let there be light" can the new movie
I have a copyright on "let there be light" can the new movie use my title? Book and movie are about religion … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Copyright lawyer. I am giving a talk and preparing a
This question is for a copyright lawyer. I am giving a talk and preparing a powerpoint presentation. I found an image on the internet I want to use to illustrate a point. When searching for the image,… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Want to make explainer video about marketing with a history
want to make explainer video about marketing with a history of marketing. I want to use facts about how many people saw the Beatles on Ed Sullivan, how many viewers watch the Super Nowl (or National F… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am planning on publishing a book with a section of quotes
I am planning on publishing a book with a section of quotes from famous people. Some of the quotes are from people now deceased but who died after 1923. It would seem problematic to track down points … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
Can I claim fair use on a blog photo I hotlinked? The
Can I claim fair use on a blog photo I hotlinked? The photographer failed to protect copyright by having the image plastered all over the web and some photos even have ownership claim conflicts (water… read more
socrateaser
socrateaser
1,031 satisfied customers
FOR BILL ATTORNEY - Bill, is it within fair use to mention a
FOR BILL ATTORNEY - Bill, is it within fair use to mention a couple names of authors and the titles of their books?: Now I understand many authors in search of the t***** *****ke.... such and such and… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
I am starting a podcast that will focus on popular music. I
I am starting a podcast that will focus on popular music. I have a few questions about what I can and can't do in the podcast when it comes to copyrighted works and IP in general.… read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
848 satisfied customers
I had a question. I'm writing an ebook and in the ebook I
I had a question. I'm writing an ebook and in the ebook I quote what three people on an online Reddit post said to back up a point that I am making in my ebook. I mentioned that the quotes were from t… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
What is the correct to use song for commercial usage? Texas.
What is the correct to use song for commercial usage? … read more
Bill Attorney
Bill Attorney
law
1,419 satisfied customers
I am making a documentary and I found old CBS news footage
Hi. I am making a documentary and I found old CBS news footage from 1965 in his personal archive. Can I use it and do I need to get a license from CBS News? Or do news broadcasts count as Public domai… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Can i use a photo of a series of representations of
Can i use a photo of a series of representations of copyrighted characters commercially. The characters are not exact (or even close, barely recognizable ) … read more
socrateaser
socrateaser
1,031 satisfied customers
I write a blog post and have a quick question. I'd like to
Hello,I write a blog post and have a quick question. I'd like to write a blog post about how great of a job a certain website does on its web design (let's say it's Apple.com). So, I'll be including t… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
I have a question about literature copyright, fair use. I am
Hi I have a question about literature copyright, fair use. I am an author, and I know that it's fairly common that books contain an epigraph (quoting another author or poet's works), however I am not … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
Can I cite Fair Use in using a photograph by a photographer
Can I cite Fair Use in using a photograph by a photographer in the United Kingdom for the purpose of comment by posting it on Facebook? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
Can I share lsat study videos under fair use laws for
Can I share lsat study videos under fair use laws for educational purposes? I personally paid for the course… read more
KJL LAW
KJL LAW
Juris Doctorate
1,620 satisfied customers
Does the term "highly sensitive person" fall under fair use?
Does the term "highly sensitive person" fall under fair use? I've noticed lots of books (not by the original author) have used this term/title and wanted to know if I needed to obtain permission from … read more
Thomas Swartz
Thomas Swartz
Lawyer
Juris Doctor
459 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x