We’re a cigar review site aimed at cigar enthusiasts. As such, our use of product images is allowed under Sec Section 107 of Title 17 of the United States Code. We just wanted to make that clear before someone complains and/or threatens to come after us. Below is the basis of our graphics use on the site. Also – a poor review isn’t something you can sue us for. If it were, Taco Bell would be out of business.
Section 107 of Title 17 of the United States Code (17 U.S.C. § 107) is the legal statute that defines and establishes the fair use doctrine in U.S. copyright law. [1, 2]
It states that using a copyrighted work without permission is not copyright infringement if it is done for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. [1, 2]
The Four Fair Use Factors
To decide if a specific use qualifies as fair use, courts must weigh four core factors outlined in the statute: [1, 2]
- Purpose and character of the use: Courts check if the use is commercial or for nonprofit educational reasons. They also look at whether the new work is transformative—meaning it adds new expression, meaning, or message rather than just copying the original. [1, 2]
- Nature of the copyrighted work: Courts look at the type of work being used. Using a factual or published work is more likely to be fair use than using a highly creative or unpublished work. [1, 2]
- Amount and substantiality used: Courts measure how much of the original work was taken. Using a small, less critical piece favors fair use, while taking the “heart” of the work or a massive portion works against it. [1, 2]
- Effect on the market: Courts evaluate if the new use harms the current or potential market for the original copyrighted work. If the new work acts as a direct substitute that steals sales from the original creator, it is not fair use. [1, 2]
