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FAIR-USE COPYRIGHT NOTICE AND DISCLAIMER PURSUANT TO Section 107 of the U.S. Copyright Act 1976 and Article 5 Disclaimer under the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
This website uses copyrighted material (specifically previously published photographs of branded products in our online store) without the express authorization of the copyright holder under the Fair Use exception to the Copyright laws of the United States and under Article 5 exceptions to the copyright laws of the European Union. We also believe this use to be fair under the mandates of the Berne Convention and any other treaties and conventions administered by the World Intellectual Property Organization.
We use these images to show viewers what is available for purchase on various brands’ websites; for reporting on new trends in the retail and fashion industries; and for commenting on selected products and brands in the retail and fashion industries- as explained in our About Us page. As the site develops it is possible that there will be a commercial aspect to the use of the photographs if site owners become affiliates of the various brands. However, the use would be fair in our analysis because it would not “harm the copyright owner’s market” but indeed would promote said market as all photographs are accompanied by a link directly to the website where the photograph originated.
Our position is that because the publication of these images does not have a negative impact on the original works, and are used in part for commentary, critique and news reporting, that the use constitutes “fair use.” In addition, rather than being an unlawful infringement of the rights of the copyright holders, we feel the images are being used for “educational” purposes as JeannieLaCroix.com seeks to inform consumers about products, brands and merchandise that are available for their consumption – again, through commentary and by the posting of the image that corresponds to the commentary – as well as through articles, legal analysis and product reviews that are likewise available on this website.
While there is no claim that our use is “transformative” in any way, or in any way a “modification” there is no intention to “supersede the use of the copyrighted works” only to promote said works. Further, we copy only as much as is necessary for our intended use of promoting brands whose products and merchandise we find cool, interesting and appealing.
Further and in addition, regarding the mandates of the copyright laws of the European Union, we believe the use of these materials/photographs fall under one of the Article 5 exceptions pertaining to “reviews” and “advertising” as detailed in the Directive 2001/29/EC (found at this link).
Note that other images used on this website could include images obtained under a creative commons licencse (example, flickr.com) or, either free stock images or stock images used in conjunction with a paid for subscription from websites such as:
Please note that unless specifically stated to the contrary within a post, Jeannielacroix.com and its administrators do not imply any affiliation, collaboration, endorsement, partnership or contract with any brand featured on this website at the time of the drafting of this notice.
Last updated: February 14, 2020