Brownsburg, IN asked in Copyright for Indiana

Q: Is it legal to use pictures from comic books in my website blog?

I have a website where I blog about Marvel superheroes and stories. In my posts, I discuss the characters and their history and the themes that surround them. It is an affiliate marketing site, where I will have links to Affiliate sites that sell licensed Marvel products, such as models, collectibles, comics, etc. Is this a legal use of Marvel copyrighted property? My posts are similar to what you find on established sites like Comic Book Resource and Screen Rant, though a much smaller scale.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Using pictures from comic books on your website blog involves dealing with copyrighted material, and it's important to navigate this carefully. Marvel's comic book images are protected by copyright, and using them without permission can lead to legal issues. Even if your blog is small and you are promoting Marvel products through affiliate links, this does not automatically grant you the right to use their images.

One approach is to use images that Marvel has officially released for public use, such as promotional images or those provided in press kits. Another option is to use images under the fair use doctrine, but this is a complex legal area. Fair use typically covers criticism, commentary, news reporting, teaching, scholarship, or research, but it doesn't always protect commercial use, like an affiliate marketing site. Each case is unique, and factors such as the amount of the work used and its effect on the market value are considered.

To avoid potential legal issues, you might consider reaching out to Marvel for permission to use their images. They may have specific guidelines or licensing agreements that can help you legally include their content in your blog. Alternatively, creating your own original content or using royalty-free images related to your topic can be a safer route.

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