Is it considered commercial use of an image to post it to a blog which gains revenue from advertising?
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M$2 Answers
If your website generates money, it's a commercial use. If you are in a business, it is commercial use. If you generate revenue from your blog, you'd be using it commercially. Only if the image owner explicitly allows for free commercial use, would you be clear. But if the image license does not allow for free use, then you would be in violation of the law if you did not compensate the owner.
It would take a lawsuit to recover damages from your use of the image. If it could be argued that the image helped you earn money, to the extent that the image helped, you'd be liable.
Of course the party would have to justify the cost of suing you over it against the potential damages that would be paid by you and if you are judgement proof or not.
If you have a very visible website, I wouldn't do it. If you are flying under the radar, probably no one would care.
Note: I am not a lawyer, just a webmaster for 10 years.
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$
You can leave an optional "tip" with Mahalo's virtual currency, Mahalo Dollars. If you are asking a difficult question that might require some research, or if you'd like a wide variety of feedback, a higher tip often leads to more answers to your question.
M$
If the license for the image uses the terms personal use or commercial use, I'd say if the website in question is making money, it's commercial use. If the website is a personal hobby, it is not.
If the image doesn't have any explicit licensing at all, see above answer.
I am trying to find a definitive answer to the question above or an explicit definition of commercial use.