Discussion:
What is the name of your state? Texas
I've done a search through the forum and I read the Fair Use act, but I am still quite fuzzy on my current situation. I am currently running an Anime Information Site. Not necessarily a fan site or anything, but more similar to how IMDB is run. My question is the usage of video stills ( screen caps ) of the titles. I am currently providing a gallery of images on the title which I use to help the users get a better judge on if they would like to pursue the title or not. Many times with an anime it is often the screen caps that tip the ice on whether or not you purchase it. I am curious about my current legal standing by doing so. I am doing this as non-commercial of course. Would this fall under the Fair Us act?
Answer:
What is the name of your state? Texas
I've done a search through the forum and I read the Fair Use act, but I am still quite fuzzy on my current situation. I am currently running an Anime Information Site. Not necessarily a fan site or anything, but more similar to how IMDB is run. My question is the usage of video stills ( screen caps ) of the titles. I am currently providing a gallery of images on the title which I use to help the users get a better judge on if they would like to pursue the title or not. Many times with an anime it is often the screen caps that tip the ice on whether or not you purchase it. I am curious about my current legal standing by doing so. I am doing this as non-commercial of course. Would this fall under the Fair Us act? Your use certainly might qualify as a fair use -- but the problem with relying on fair use is that fair use is a defense to a charge of infringement, and not a right that you can assert. In other words, you can't keep someone from suing you for copyright infringement if your use is a "fair use" -- all you can do is raise "fair use" as a defense to the infringement action. And because determining whether or not a particular use is a "fair use" involves considering all of the relevant facts and then weighing four factors, it's tough to tell up front whether or not you'll succeed under fair use.
So yes, your use might be a "fair use," but relying on fair use can be hazardous if the copyright owner decides to go after you. Have you considered trying to work with the anime studios to get permission to use the stills? Since you are trying to help them sell product, maybe they would be willing to work with you, that would certainly be safer than trying to rely on fair use.