Industrial Design

General Information

• The courts have determined that it is within fair use to download thumbnail images from a website without asking permission or paying a licensing fee.
• However, downloading full size images from a web site does not meet the fair use criteria.  Unless the site clearly states that it is permissible to download images for free, you must request permission and possibly pay a licensing fee to do so.

Fair Use Factors

The use of an image must meet the following criteria in order to be considered "fair use":

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.
4. The effect of the use upon the potential market for, or value of, the copyrighted work.

See Also:

• Public Domain Image Guidelines

• Fair Use Checklist

• Fair Use Evaluator