Can I copyright my website?

Copyright Law: Can I use images on my website?

• Does copyright law allow use of photos for commentary under the Fair Use of Copyright Law? Why do websites such as this one get to use photos? http://www.cinemablend.com

• Answer:

  If you're using images for commentary, then yes, generally you can use them under Fair Use. However, just calling your use "fair use" doesn't make it fair use. There's no bright-line rule here; courts will decide what is and isn't fair use on a case-by-case basis looking at four different factors: 1. The “purpose and character” of the unauthorized use 2. The nature of the work itself 3. The relative amount and “substantiality” of the work being used 4. The effect the unauthorized use can have on the copyright holder’s ability to profit from the work If you truly believe that your use falls under Fair Use, then it probably does. However, according to the copyright office: "When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney." Also: "Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research." To make a long story short: no one can actually tell you what is and isn't fair use. It's a sliding scale, and you'll only know for sure if your use really is fair use if you're sued and the courts rule in your favor. Use your best judgement. Hope this helps!