These days, photographers are likely to find one or more of their images used without permission.  One defense is often that it is a “fair use.”  The challenge is determining whether the unauthorized use is an infringement or fair use.  While only a court of law can make that decision, understanding what makes a use “fair” will help you protect your work.

Surprisingly, the purpose of copyright law is not to protect the work of creatives, but, as stated in Article I, section 8, clause 8, of the United States Constitution, it is “to promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”  Copyright law attempts to achieve a balance between public interest and the rights of authors/artists so that artists will be encouraged to create and the public will be the ultimate beneficiary.  In many ways, the priority leans towards public concerns when there is any conflict in those interests.  As a result, the law may not seem fair or just to the copyright owner. 

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