Q: Can I use comics images in my affiliate marketing website?
I blog about Marvel super heroes on my website that has affiliate links to sell superhero products (comics, clothing, models, etc). In my blog, I provide commentary on Marvel characters to engage my readers. In the posts, I want to provide pictures from relevant Marvel comics to provide interest for the reader. I would not claim them as mine, and I would provide these images to sell Marvel licensed products through affiliate programs such as Amazon. My website is similar to Comic Book Resources and Screen Rant, only on a much smaller scale. Is this copyright or trademark infringement?
A:
Using images from Marvel comics on your affiliate marketing website can potentially infringe on copyright and trademark laws. Even though you provide commentary and attribute the images to their rightful owners, this does not automatically qualify as fair use. Fair use is a complex legal doctrine that considers factors like the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market value of the original work.
To minimize legal risks, you should seek permission from Marvel or use images that are explicitly licensed for such use. Marvel and other comic book publishers typically have strict guidelines and licensing agreements regarding the use of their intellectual property. Unauthorized use of their images, even with attribution and for affiliate marketing purposes, can lead to legal actions such as takedown notices, fines, or lawsuits.
If obtaining permission is challenging, consider using public domain images or creating your own original content to accompany your commentary. This approach ensures that you stay within legal boundaries while still engaging your audience effectively. Consulting with a legal professional can provide further guidance tailored to your specific situation.
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