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Getting Permission to Publish: Ten Tips for Webmasters
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The difficulty in claiming fair use is that there is no predictable way to guarantee that your use will actually qualify as a fair use. There are no "definites," only general rules and varying court decisions. That's because the judges and lawmakers who created the fair use exception did not want to limit its definition too narrowly. They wanted it -- like free speech -- to have an expansive meaning that could be open to interpretation. You may believe that your use qualifies, but, if the copyright owner disagrees, you may have to resolve the dispute in a courtroom. Even if you ultimately persuade the court that your use was fair, the expense and time involved in litigation may well outweigh any benefit of using the material in the first place.
To learn more about when a use is likely to be considered a fair use, see When Copying Is Okay: The Fair Use Rule.
8. Remove Unauthorized Material
If someone complains that you are using material on your website without proper authorization, you should immediately remove that material. In the case of unauthorized uploads, downloads, or links, you should disable access to the offending material or link. This is not to imply that you should cave into every complaint, but you should remove the material while you investigate the claim and, if necessary, talk to a lawyer. Courts often respond favorably to attempts to "contain" the damage. On the other hand, continuing to use material after being notified that you are violating someone else's rights may aggravate the claim and increase your chances of having to pay money to the owner of the work.
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