I'm looking to build a website that compares car specifications, and possibly some reviews. I'd like to add some photos of the cars to the site. I'm a little concerned about copyright implications. Most manufacturers post photos of each of the make/models to their website. Since I'm going to be doing some reviews and accepting some 3rd party reviews/comments, it seems to me that I'm covered by fair use, especially considering that my product in theory would create additional sales for the original owner.
Section 107 of the Copyright Act states:
the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
