The biggest misunderstanding is that giving credit, using only a small part, or making no money from it does not automatically make a use lawful. Fair use is a limited defense under federal copyright law that can allow someone to use copyrighted material without permission in certain situations, such as commentary, criticism, news reporting, teaching, scholarship, or parody. Courts usually weigh four factors under 17 U.S.C. § 107: the purpose of the use, the nature of the original work, how much was taken, and whether the use harms the market for the original.

That matters because people often rely on bad internet advice and assume a disclaimer solves everything. It does not. A short clip, photo, article excerpt, or graphic can still create a copyright infringement problem if the use is not truly transformative or if it replaces the original. Fair use is judged case by case, after the facts are examined.

In an injury claim, the issue can come up when someone reposts crash photos, surveillance footage, medical illustrations, or news video to support a demand letter, website post, or social media update. Even if the subject is a wreck on I-30 or along the I-40 freight corridor, ownership of the image or video still matters. Fair use may apply, but it is not a free pass, and a mistaken assumption can create a side dispute that distracts from the underlying personal injury case.