Translations:Wikilegal/Primer on U.S. Fair Use/Copyright Law for Website/29/qqq

Under certain circumstances, users can reprint or upload photographs without a copyright holder’s express permission. Even if you believe the use to be fair, the copyright holder may disagree, and it will then be up to a court to decide. In making that determination, the court will likely evaluate each of the four fair use factors. In making its determination, one of the most important factors the court may consider is whether the use is “transformative;” that is, whether it “adds something new, with a further purpose or different character, altering the first with new expression, meaning or message . . . .” Campbell, 510 U.S. at 578-79. The following are some practical considerations that may influence a court's analysis for deciding whether an uploaded photo is fair: