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Copyright is a legal concept enacted by most national governments that gives the creator of an original work exclusive rights to it, usually for a limited period of time. (Wikepedia)

Fair use

Within the copyright law there is a clause for copyrighted property to be used under Fair Use. It is defined on Wikepedia
as follows:

Fair use is a doctrine in United States copyright law that allows limited use of copyrighted material without requiring permission from the rights holders, such as use for scholarship or review. (Wikepedia)

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

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.

To be sure; this is not a clear cut system for determining what can and cannot be considered in fair use. After reading many articles on the subject here is what I found them to say in common.

Grey Areas

1. The Fair Use clause of copyright law may allow you to post an image for scholarship or review of that particular image. You cannot use the image in context with other subjects or topics.

2. If you are not posting the image for profit ( you are not generating ad or sponsorship dollars for your blog) and are posting it for educational or informational purposes you may fall under the fair use umbrella.

3. The only way you can truly find out if you are in violation of someone’s copyright is for them to sue you and win. Until a judge makes a determination it’s innocent until proven guilty.

Hard Facts

1. You could technically be in violation of the copyright if you post a photograph taken by any other source other than yourself for any purpose other than critique of the image without the express permission of the photographer of that image. Listing or linking to the source do not put you in compliance.

2. When posting images scanned from books or magazines the copyright is usually held by the publisher. Posting photos for any other purpose than the direct critique of the book or magazine article could be considered infringement. Using the image in the context of an example of a separate topic could be considered infringement.

3. If you copy images from other blogs that are taken by individual bloggers and post them without the owners permission you may be in violation. Linking back or simply posting the source do not protect you.

4. Posting a “disclaimer” on your blog will not excuse you from violations.

Tips to keep you out of trouble

1. Whenever possible get permission

2. When permission is not possible always give credit and link back

3. Do not copy anything in its entirety. Only use as much as you need to get your point across.

4. If possible notify the person whose images you are using that you have posted about them.
This usually leads to good relationships and the person linking back to your blog bringing you new viewers.

5. Be courteous and respectful when using other peoples images

6. If someone complains, take the image down immediately and if need be, post an apology.

I believe that we will see a serious crackdown in the next couple of years on online copyright infringement. However, there are many cases before the courts right now debating the public's right to free expression on the Internet so we will have to wait and see what happens. Please keep in mind I am only expressing my opinion and I am not a lawyer. If you have any questions about copyright law you should seek professional advise. (My (Jackie's) disclaimer! – Think it will hold up???)

Links to articles on copyright law for bloggers

The official copyright info site from US Federal Government:
http://www.copyright.gov

US copyright law explained in clear English for bloggers
http://w2.eff.org/bloggers/lg/faq-ip.php

Commonsense advise from Bloggingtips.com
www.bloggingtips.com/2007/12/11/copyright-laws-for-bloggers/

Law Geek
Copyright, fair use and the struggle against online image misappropriation
lawgeek.typepad.com/lawgeek/2007/12/copyright-fair.html

Wikipedia definitions:
http://en.wikipedia.org/wiki/Fair_use
http://en.wikipedia.org/wiki/Copyright