How to (more legally) use images off the internet

Need some images for that presentation you're working on?  Some tips here: learn.asialawnetwork.com/2017/11/16/guide-to-legally-using-images-from-internet/.  I've excerpted the FAQs below.   Comments and questions welcome. 

p.s This was my debut contribution to Asia Law Network, as the firm adds a presence there as well: https://asialawnetwork.com/lawyers/adriankwongconsigclear

Frequently asked questions
Question 1:  What do I do if I am unable to find the original copyright owner, even after conducting the various searches? Can I just go ahead?

It is your choice if you want to go ahead and use the image after a risk assessment.  Unless you are confident that the work is in the public domain or that you have a legal defence or excuse, using the work without the owner’s permission is still a risk that could have expensive consequences and taint your reputation. Is that image really that critical to your project?  Are there no alternatives?

Question 2:   If other people are using the image without crediting or attributing the copyright owner, does that mean I can use it too?
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From a legal perspective, if each of these people is infringing copyright, each of them is still liable to the owner, who can, of course, sue every single one of them. Credit or attribution does not negate infringement, though it does help address the separate issue of plagiarism.  

Question 3:   Is it still copyright infringement if I only use a small part of the image?

The test is whether “a substantial part” of the copyrighted work is copied. This is a question to be decided on the particular facts of each use, and there is no magical “X%” number.  As a suggestion, if something is immediately recognizable as being “from” the original artistic expression of the copyrighted work, that is an indicator of elevated risk. 

Question 4:  If I take a picture of an original work, does my picture then have its own copyright?

To the extent that the new picture is itself an “original” artistic expression, yes, it could have its own new, independent, copyright.  However, that new picture would also be subject to the pre-existing rights of the earlier work and author.

Question 5:  Can I use a screengrab from a popular movie?

As with many answers from a lawyer, “it depends”. You might end up in front of a judge to defend your use.  Some users may argue some scenes are not important to that movie (a “de minimus” or minimal excerpt).  Other scenes, on the other hand, may be so distinctive or iconic that using them would feel like “taking” something original that would attract a lawsuit.  At the same time, it also depends on your intended use: were you simply using the image as incidental clip art, or were you using the image to illustrate a review of the movie, which might fall under the fair dealing exception? Will it affect the owner’s ability to exploit that work?  Are you a small personal fan blog with 100 fans, or are you a production house that is charging for the work that includes the screen grab?

Read the rest of the article here.