What is the copyright of images for something I want to review? E.g.
it seems there is no problem that if I want to review a book in my
blog, I can use the cover Amazon shows. I review things all day in my
blog but I'm unsure which images I can use. Logo? Screenshot of the
website? Altered screenshot? Partial screenshot? Product screenshot?
Screenshot showing the monitor? Book covers? Can anyone tell me what's
OK and what not (if necessary, limit to US law only, though the
material rests on a server in Germany).

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Request for Question Clarification by kriswrite-ga on 28 Jul 2004 09:25 PDT

Are you also selling the books, through an Amazon link?

Kriswrite

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Clarification of Question by j_philipp-ga on 28 Jul 2004 14:31 PDT

Hi Kriswrite,

Sometimes I include a link using my Amazon Associates ID, so that
might be considered selling. What I was looking for is general
guidance, not just the Amazon book cover issue. I believe this has
been answered in the comments by now. Well thanks for getting back to
me. If anyone has something subtantial to add I leave the question
open.

J_Philipp

You are asking about the fair use doctrine, and it is tricky because
fair use contemplates that you ARE infringing copyright--the doctrine
simply gives you a defense if you get sued.  Basically, you are
infringing someone's copyright in any content of which you are not the
actual author that you reproduce in your blog.  If you reproduce a
cover illustration you take from Amazon, that is by definition
copyright infringement--the question is, will the fair use doctrine
provide you with a defense should the copyright owner sue you.

Under US copyright law, the Fair Use Doctrine, found at 17 U.S.C.
Section 107, holds that no permission is needed for purposes such as
criticism, comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, SUBJECT TO THE
BELOW FACTORS:

Factors: 	
(1) the purpose and character of the use, including whether such use
is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of
the copyrighted work.

So, to answer your question, you have to first ask if your use falls
into one of the enumerated categories [criticism, comment, news
reporting, teaching (including multiple copies for classroom use),
scholarship, or research] AND THEN you have to apply the four factors
and see if more of the factors weigh in your favor.  Thus, it is
impossible to opine here as to whether each suggested use about which
you ask falls within fair use--it is a fact-sensitive determination
you must undertake with each new use.

Thanks Ipfan I believe this answered my request! I heard about
fair-use doctrine and your comments reassure I'm doing the right
thing.

The reason I asked about selling was that you are perfectly within
your rights to include a picture of the cover of the book, if you are
selling it.

Kriswrite

J_Phillip,

You may also enjoy the exchange between hummer and myslef at
http://answers.google.com/answers/threadview?id=356201 concerning the
issue of using images of book covers . . .

Regards,
ipfan