Car Photo Copyrights

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.

There are several sources of "stock" photos that would sell you photos for your site. You can check if they have the specific car model photo's that you'd like.

Otherwise, you can contact the manufacturers' marketing departments and ask for photo licenses for your site. It may be that they'll let you use it for free, because as you said - they may get a "free advertisement" that way.

Re the "fair use" - you'd better get a legal advice on that (from an attorney specializing in copyrights), prior the act, in order to avoid problems afterwards.

Before you even think of using anything under "fair use" you need to consult a copyright attorney.

Generally, you can contact these manufacturers for their "ad packs" that will have a bunch of items that are considered fair use items for the purpose of reviews and news stories. but, it's always best to err on the side of caution. Especially when you look at, say GM's Policies