Is using a photo to promote a free public event likely to be fair use?

Is using a photo to promote a free public event likely to be fair use?

• A. Yes, it qualifies as fair use because it's for a public event
• B. It is listed as fair use when promoting events
• C. Public use is always allowed for charity events
• D. It is not listed under fair use and public use is most likely not OK

Answer: (D)

Fair use isn’t granted just because you’re promoting a free public event. Whether a use is fair depends on four factors, and this scenario typically doesn’t pass them. A photo is a creative work, so using it for promotional purposes isn’t usually transformative. You’re likely using the entire image rather than a small excerpt, which weighs against fair use. And if the photo could be licensed or sold for promotional use, using it without permission may harm the photographer’s potential market. There isn’t a blanket listing that automatically covers event promotions as fair use, and simply being for a public event doesn’t grant permission. To stay safe, obtain permission or use a licensed or royalty-free image, or create your own photo.

Fair use isn’t granted just because you’re promoting a free public event. Whether a use is fair depends on four factors, and this scenario typically doesn’t pass them. A photo is a creative work, so using it for promotional purposes isn’t usually transformative. You’re likely using the entire image rather than a small excerpt, which weighs against fair use. And if the photo could be licensed or sold for promotional use, using it without permission may harm the photographer’s potential market. There isn’t a blanket listing that automatically covers event promotions as fair use, and simply being for a public event doesn’t grant permission. To stay safe, obtain permission or use a licensed or royalty-free image, or create your own photo.