fair use

Can I use images under Fair Use?

Episode 1367

George from Santa Monica, CA

George wants to know if he can use copyrighted images on his podcast if he is doing so just to make comments. Leo says that there is something called "Fair Use," which is rather fuzzily mentioned in the Digital Millennium Copyright Act. It doesn't prevent anyone from suing him, but he can use Fair Use as a defense, if he presents it right. They may sue him if they believe it diminishes the value of the image, though. He won't go to jail or anything, but if he loses, it will cost him. It depends on if he wants to defend himself legally. It's always better to ask permission.