Q: Would fair use of a copyright apply to a blog that’s generating ad revenue but it also comments on the picture.?
By comment I mean analyzing a clothing piece?
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A:
Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the rights holder for certain purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Whether or not the use of a copyrighted image in a blog would be considered fair use depends on a number of factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work.
If the use of the copyrighted image in the blog constitutes fair use, then the fact that the blog generates ad revenue does not necessarily negate fair use. However, if the use of the image is not considered fair use, then the fact that the blog generates ad revenue may increase the likelihood that the copyright owner will take legal action. It is important to consult with an attorney or copyright expert to determine if the use of the copyrighted image in the blog constitutes fair use and to understand the potential risks and legal implications of using copyrighted material without permission.
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