I am a Chicago-based webcartoonist.
I do a digitally-illustrated comic strip about the staff of a movie theater, called Multiplex, which can be found at Multiplex - a comic strip about life at a movie theater.
Here's an example: Multiplex #248: Training Day
In the comic strip, I have frequently used (small) reproductions of movie posters or film stills and quoted dialogue, often — but not always — to comment on the specific film. Sometimes the strip comments on film in general, or parodying a film, but SOME of the movie posters are simply background elements, used to convey the idea that this is a "real-world" movie theater, set in real time.
I know that when I'm commenting or making fun of on a specific movie, use of the poster or stills is definitely fair use (commentary and parody), but I'm less sure about my use of the background posters which are often unrelated to the commentary, even if they are typically very small.
I am reasonably well-versed in copyright law (for a lay person) and feel that these uses constitute fair use "transformation" of the original artwork — but I would like the opinions of copyright lawyers on this matter, because I am looking to publish a print collection of the webcomic in the near future.
I do a digitally-illustrated comic strip about the staff of a movie theater, called Multiplex, which can be found at Multiplex - a comic strip about life at a movie theater.
Here's an example: Multiplex #248: Training Day
In the comic strip, I have frequently used (small) reproductions of movie posters or film stills and quoted dialogue, often — but not always — to comment on the specific film. Sometimes the strip comments on film in general, or parodying a film, but SOME of the movie posters are simply background elements, used to convey the idea that this is a "real-world" movie theater, set in real time.
I know that when I'm commenting or making fun of on a specific movie, use of the poster or stills is definitely fair use (commentary and parody), but I'm less sure about my use of the background posters which are often unrelated to the commentary, even if they are typically very small.
I am reasonably well-versed in copyright law (for a lay person) and feel that these uses constitute fair use "transformation" of the original artwork — but I would like the opinions of copyright lawyers on this matter, because I am looking to publish a print collection of the webcomic in the near future.