Q: In the USA, is it copyrighright infringement to download an image for private offline viewing without sharing?

A: Once you download something in your computer, you are committing copyright infringement. IP has no tails you can borrow except for a copyright defense of fair use . . . I would not like to rely upon defenses in the law. The trouble with copyright infringement is that in order to avoid that you need to have a private consultation with an entertainment lawyer or intellectual property lawyer. In intellectual property, our practice deals with show and tell. You really need to see it to give an opinion and that should never be open and online. Good luck.

A: In the United States, copyright law protects original works of authorship, including images, from unauthorized use. The act of downloading an image without permission from the copyright holder can be considered an infringement, even if the image is only for private, offline viewing and not shared.

The key factor is the act of reproduction – when you download an image, you are creating a copy, which is one of the exclusive rights held by the copyright owner. This is the case regardless of whether the image is used commercially or privately, shared or kept for personal use.

However, there are exceptions under the law, such as fair use, which might apply in certain circumstances. The determination of fair use depends on several factors, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for or value of the copyrighted work.

It's important to always consider seeking permission from the copyright holder before downloading and using images. This not only ensures legal compliance but also respects the rights of the creators and owners of these works.

Given the complexities of copyright law, if you're unsure whether your specific use of an image falls under fair use or constitutes an infringement, it might be prudent to consult with an attorney who can provide guidance based on the specifics of your case.