Can i use a copyrighted image from a website to promote they product? Is that covered under fair use?

Asked 7 months ago - Bronx, NY

Im starting a blog and I plan on using copyrighted images from websites like Ralph Lauren and others to promote their products and link potential customers directly to they site. I plan on advertising they sales and products on my site in a positive way and i'm not selling anything on my site , just affiliated marketing. Is that covered under "fair use" copyright laws?

Attorney answers (5)

  1. David Bremner Benoit

    Contributor Level 9

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . As noted, this is not covered under fair use. Contact the companies to see if they would be willing to license the images or if by chance your blog is well-known or could offer them a new (highly valuable) avenue for advertising their products, they may like to contract with you...but this is their decision to make and it must be made before you do anything. Keep in mind most large companies have well-established methods of advertising and like control over how their products are portrayed and presented to the public, so this may be unlikely. Also, you should not at all make it appear you are affiliated with the company if you are not. If you were just commenting on a product, you may be okay under fair use because you are providing a critique or commentary; however, using copyrighted images is different.

    DISCLAIMER: This answer is provided for general informational purposes only, is not intended as legal advice, and... more
  2. Frank Anthony Natoli

    Contributor Level 20

    1

    Lawyer agrees

    Answered . As noted, no. You really need to get some guidance here before investing anything.

    I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. I will link you to an overview of copyright law basics below as well.

    Best regards,
    Frank
    Natoli-Lapin, LLC

    DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-... more
  3. Daniel Simon Hahn Szalkiewicz

    Pro

    Contributor Level 13

    Answered . No. If you get caught you can be held liable.

  4. Daniel Nathan Ballard

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No, what you propose is not a fair use of the photographs owned by the product manufacturers. You would be infringing. Contact each company's marketing department to discuss how to acquire a license. Good luck.

    The above response is general information ONLY and is not legal advice, does not form an attorney-client... more
  5. Bruce E. Burdick

    Pro

    Contributor Level 20

    Answered . No! 17 USC 107 Your use is commercial, you are using to skim advertising profits, you are using the entire copyrighted item, and adversely affecting the companies by accepting money to link they brand to third parties without authorization. All four fair use factors are against you. understandably since what you are doing is a form of theft. (I plan on using copyrighted images from websites like Ralph Lauren [without permission]" Why not contribute original work instead of being a parasite?

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,379 answers this week

3,117 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,379 answers this week

3,117 attorneys answering