[Legal Question] Do screenshots fall under Fair Use?

by davedemille 6 replies
I am writing an ebook where I discuss different websites that I use to research the potential CPA and affiliate offers. I want to take screenshots of the websites and the information they provide and put them in the ebook as a visual. An example of one of the websites is follow.net.

These websites offer both free and paid services. All the screenshots that I will use are from the free versions of their websites.

The question I have is if using these screenshots be copyright infringement or do they fall under Fair Use?

If they fall under Fair Use do I need to put another disclaimer somewhere acknowledging that I do not own the copyright for the screenshots?

I have looked for a few hours for this answer and no one has given a definitive answer. I know a lot of people do this in their ebooks, I just want to make sure I am not opening myself to litigation. I understand that any answers does not constitute legal advise.
#main internet marketing discussion forum #fair #fall #legal #question #screenshots
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  • Profile picture of the author nmwf
    Funny how Google doesn't have a Knowledge thingy for that, huh. Anyway, the general rule is that almost anything can be used under Fair Use, as long as its fairly used. Some guidelines are here: About the Fair Use| U.S. Copyright Office

    Problem is, as you suggested, there are no clear-cut answers, and we're often left with an "I'll Find Out More as a Defendant in a Lawsuit" kind of approach.

    Best bet? Get permission to use the images.
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  • Profile picture of the author Brent Stangel
    I understand that any answers does not constitute legal advise.
    It is decided on a case-by-case basis.

    So, two ways to find out - ask or get sued.

    I personally would not worry about using screenshots of entire web pages. I used screenshots of WF in an ebook and I know many others have.
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  • Profile picture of the author Dan Riffle
    A somewhat similar topic that might provide some insight.

    A photographer recently took pictures of other people's Instagram photos and sold them, some for thousands of dollars:

    https://www.washingtonpost.com/news/...hem-for-90000/
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    • Profile picture of the author professorrosado
      The KEY word is that it must be "transformative", meaning that the fair use must transform the material in some way as not to depend on the original content. It must be or have "NEW" purpose.

      Now your wording seems to say that you did not take the screenshots yourself, is that correct? If so, then you would be violating the law.

      If you take your own screenshots then you have your right to the transformed website into a screenshot - you have transformed the website into something new and for a different purpose as the website.

      Also, someone would have to make a claim and I don't see who would complain that a screenshot of their website is being featured anywhere on the planet! If anyone does just use my site! I volunteer my site! Here take a screenshot! Sell millions!
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  • Profile picture of the author Regional Warrior
    Originally Posted by davedemille View Post

    I am writing an ebook where I discuss different websites that I use to research the potential CPA and affiliate offers. I want to take screenshots of the websites and the information they provide and put them in the ebook as a visual. An example of one of the websites is follow.net.

    These websites offer both free and paid services. All the screenshots that I will use are from the free versions of their websites.

    The question I have is if using these screenshots be copyright infringement or do they fall under Fair Use?

    If they fall under Fair Use do I need to put another disclaimer somewhere acknowledging that I do not own the copyright for the screenshots?

    I have looked for a few hours for this answer and no one has given a definitive answer. I know a lot of people do this in their ebooks, I just want to make sure I am not opening myself to litigation. I understand that any answers does not constitute legal advise.
    Come on a marketing site to asked a legal question??? I think you would better to asked a person in that legal field
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    • Profile picture of the author JohnMcCabe
      You might get more qualified answers by posting to Quora.com or a similar site.
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