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

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. Best answer

    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 does not create an attorney-client relationship. Do not rely on this information – it is a starting point for your issue and you should contact a licensed attorney in your jurisdiction.


  2. 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 relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.


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


  4. 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 at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.


  5. 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-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.

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