Can I download a Marvel Comics image and use it as my Zoom background?
Usually, when a photo is taken from the internet and used without the owner’s permission, the use of that photo would be a copyright infringement. Here, for example, Marvel would ordinarily be able to make a claim of copyright infringement against a student or school using its photos because Marvel owns a copyright on the Marvel images.
Luckily, you would likely be able to use the Fair Use doctrine as a defense against Marvel’s infringement claim. The Fair Use Doctrine allows people to use copyrighted material without the owner’s permission in certain circumstances., However, it really depends on how much of the copyrighted material is used and why it’s being used.
To determine whether the use of a copyrighted material is considered fair use, one should look at the following factors:
1. Why and how the copyrighted material is being used.
2. How creative the copyrighted material is and the amount of protection it gets.
3. How much of the copyrighted material is used.
4. The impact that the use of the copyrighted material will have on the copyrighted material’s economic potential.
These factors would likely lean in favor of a student using Marvel images (or any image, for that matter) as a virtual background for an online class because the images are being used for educational purposes, such as making the classroom more interactive and fun. If the images were being used to advertise or make money, then fair use might not be as strong of a defense.
The main focus here is transformativeness, or whether the use of the copyrighted material changed its message and meaning, or changed its purpose. Since Marvel uses these images for advertising and other commercial purposes, the image is likely transformed enough when used as a virtual background for online learning.
Marvel’s images are very creative and therefore receive a lot of copyright protection. Although the entire image is being used without any changes being made, the transformativeness of the photo of an advertisement to a virtual background for online classes is likely enough for the Fair Use exception.
Finally!
Marvel has advertised its own photos for this very purpose - virtual backgrounds! Find the link here. Since Marvel willingly provides photos to use as virtual backgrounds on its website, Marvel would not be able to make any copyright infringement claims against people using these photos.
CAUTION: while Marvel allows the use of its images for virtual backgrounds, not all franchises or brands allow people to use their images without authorizing it. So, in that case, that is when it’s most important to pay attention to the Fair Use factors.
For more information about copyright and the fair use doctrine in education, take a look at some of these resources:
- Marvel’s Terms of Use (rules) for using their photos for virtual backgrounds
- Technology, Education and Copyright Harmonization (“TEACH”) Act (S. 487)
- McLellan Fair Use Explanation
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