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Elegant Themes

Do you need permission to use Comic Book covers in your blog?

Copyright

Since comics and cartoons are protected by copyright the answer is yes in most circumstances you need to get permission to use a comic book cover or sequence of panels in you blog, website or other online platform.

Fair Use Doctrine

Section 107 of the Copyright Act allows an individual or organization to copy or reproduce any copyright work without permission from the copyright holder for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.

However, the fair use doctrine has limits and courts will consider several factors to determine if a particular use is fair, including the:

• Purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
• Nature of the copyrighted work
• Amount and substantiality of the portion used in relation to the copyrighted work as a whole
• Effect of the use upon the potential market for or value of the copyrighted work

So while you may be able to use a small portion of a comic book cover in your blog post under the fair use doctrine, you should always err on the side of caution and get permission from the copyright holder if possible.

Trademarks

A comic book series can be protected by both copyright and trademark law. The art and story in a comic book are protected by copyright, while the title, characters, and other distinctive elements of the series may be protected by trademark.

Using a trademark without permission can infringe on the trademark holder's rights and could result in legal action. So if you want to use a comic book cover that includes a trademark, you should get permission from the trademark holder before doing so.

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