Copyrighted images for blogs

[luciosoares]

What is the name of your state (only U.S. law)? (I live in Brazil)

Hello, I just found out about this forum and I need some help since I don't live in the U.S.

I want to create a blog about a movie (Ratatouille), and obviously would need to use images from the characters to illustrate my posts. It would be like a fansite, and would encourage people to watch the movie and access the official movie's website.

Would using images from the movie be considered copyright infringement or can it be considered fair use? I have read a little about fair use and suppose this would be fit as fair use, but would like to confirm with someone with more knowledge. I don't intend to sell any products on my blog, it is just a fansite.

Thank you in advance for your help!

 

[quincy]

What is the name of your state (only U.S. law)? (I live in Brazil)

Hello, I just found out about this forum and I need some help since I don't live in the U.S.

I want to create a blog about a movie (Ratatouille), and obviously would need to use images from the characters to illustrate my posts. It would be like a fansite, and would encourage people to watch the movie and access the official movie's website.

Would using images from the movie be considered copyright infringement or can it be considered fair use? I have read a little about fair use and suppose this would be fit as fair use, but would like to confirm with someone with more knowledge. I don't intend to sell any products on my blog, it is just a fansite.

Thank you in advance for your help!

Copyright laws, while similar throughout the world, also vary in significant ways from country to country. You need to be concerned about the copyright laws in Brazil, because that is where the copyright holder will take action against you if the copyright holder feels your use of their material infringes on their rights.

In the US, there is a doctrine of "fair use" that permits in certain circumstances the use of copyrighted material without permission from the author/artist/creator of the work. But, while our Copyright Law (accessible through the following website: http://www.copyright.gov) provides fair use guidelines, fair use is ultimately decided on a case-by-case basis by a court, after a copyright holder takes exception to an unauthorized use of their copyrighted work and sues the infringer.

Your proposed use could potentially be found a fair use in the US. Then again, a court might find your use infringing on the rights of the copyright holder. I can tell you that the best way to avoid an infringement action is to contact the copyright holder directly and ask permission of the rights-holder to use the photos you wish to use. And you can seek out an attorney in Brazil for a review of the laws there.

Good luck with your fan site.

 

[luciosoares]

Thank you quincy.

I have been trying to contact Pixar, but haven't had any luck, they haven't yet answered my e-mails asking for permission to use the images.

I assume this would be a fair use, since also I would also be doing good publicity for their movie. I will contact a lawyer here in Brazil, I thought since Pixar is an American company and their copyrights are protected by the U.S. law, I had to know if according to the U.S. law I would be infringing copyright laws.

Thanks for your help!

 

[Zigner]

I assume this would be a fair use, since also I would also be doing good publicity for their movie.

I don't believe that is a factor that comes in to play for determining fair use.

Instead of emailing you may wish to send something to them in writing.

 

[quincy]

Thank you quincy.

I have been trying to contact Pixar, but haven't had any luck, they haven't yet answered my e-mails asking for permission to use the images.

I assume this would be a fair use, since also I would also be doing good publicity for their movie. I will contact a lawyer here in Brazil, I thought since Pixar is an American company and their copyrights are protected by the U.S. law, I had to know if according to the U.S. law I would be infringing copyright laws.

Thanks for your help!

Pixar may not respond quickly. They get a lot of requests for use of their images. Visit their website for their "legal" page, which will tell you how to contact them to inquire about licenses or the need for one.

Here is a link to Brazil's IP laws and these are the laws you will want to concern yourself with:
http://www.wipo.int/wipolex/en/profile.jsp?code=BR

Although a copyright holder located in the US could sue you in the US, you cannot be forced to come to the US to be sued. Any suit here would essentially be an ineffective waste of time. Therefore, the copyright holder will need to sue you in your own country of residence, under your country's laws and in your country's courts.

With Pixar, it is entirely possible that they will sue in Brazil. They are very protective of their copyrights and trademarks and will pursue infringers worldwide. Holders of rights in smaller copyrighted works will probably not go to that expense (although it is still possible).

It is always good to consider the laws that govern the copyrights in the country where the copyright holder resides, because if you are not infringing on their rights in their own country, there is little likelihood that you are infringing on their rights in your country. No lawsuit should arise in that case.

For a fan site like the one you are creating, it can be allowable under the fair use doctrine in the US to use copyrighted photos to illustrate the text, for the purposes of criticism or commentary. It is NOT allowable to use copyrighted photos as a means to attract consumers to your site with the expectation that your site is connected to or endorsed or sponsored by the rights-holder. You should not use another's trademark to promote your own site, although you can use another's trademark in a descriptive way (i.e., if your website in a fan site for "Ratatouille," you are going to have to mention the movie's name).

That said, you risk infringing not only on the copyrights but the trademarks of Pixar's "Ratatouille" and for this reason, a review of your country's laws with an attorney in your area of Brazil can be important prior to using anyone else's rights-protected material.

Good luck.

 

[luciosoares]

Thank you VERY much!
You have been of great help!

I will look into it, and hope that Pixar allows me to use it for my fansite. I don't expect anything from them, I just wish to do it all legit.

 

[quincy]

Thank you VERY much!
You have been of great help!

I will look into it, and hope that Pixar allows me to use it for my fansite. I don't expect anything from them, I just wish to do it all legit.

You are welcome, luciosoares. Thank you for the thanks.

I think you are very smart to look at the legalities involved in operating your fan site before proceeding with it. Many people do not and they wind up coming to this forum AFTER they have been sued. It is always easier to prevent a lawsuit at the start than it is to defend against one.

Good luck.