California  |  Intellectual Property

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2/10/11, 1:08 am

Legal Question


I have recently asked a question, but feel I must clarify. Here is the question and answer:

Question: Would it be legal to use a still image from a movie., then Photoshop another person into the scene for a picture on my website? It would a parody and open to the public

Answer: Possibly would be deemed "fair use" but not 100% guaranteed you wouldn't have to defend to establish fair use. Nevertheless, not many suits are being filed over this kind of non-commercial re-uses of stills.

My concern is commercial use. What I intend to do is to attract web-viewers to my site with interesting articles on random topics. The Photoshoped stills would be used to enhance the articles.. The part I'm puzzled about, is that I do make profit on people clicking on advertisements on my site. Would this be considered commercial? Still fair use? For example, I write an article on aliens landing in hostile territory, then below the article is a picture of Osama Bin Laden touching fingers with E.T..

I wish I could show you an example. But if it is indeed a violation of fair use, I'm afraid Steven Spielberg would file suit.

I appreciate any advice you can give me.


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