copyright canada photography
Is it copyright infringement to send a message with a trivial photograph you don&#39;t own
<p>Say for example you want to convey a detail to someone of a common object, and showing them a picture would be a lot simpler than describing it in words. Would it be illegal to download an image from a (commercial) website and send it to them as an attachment by email or in a group chat on a messaging platform?</p>
<p>As a specific example, a construction worker is sent to the store to pickup supplies. His boss messages him a photo of the type of screw they need. If this photo was downloaded from the store's website (and not just linked) would this be illegal?</p>
<p>Many TOS of websites contain terms such as &quot;you aren't allowed to reproduce or copy any part of this website&quot;. This sounds like it expressly prohibits downloading and sending photos. However my understanding is copyright does not apply to subjects that show no originality, for example simple phrases like &quot;have a nice day&quot; are not protected by copyright. Would it depend on the photo, for example a photo of a common screw vs a new type of screw?</p>

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<p>Generally, a photo of an ordinary 3D object, such as a nail or a screw, has enough originality to get copyright protection under US law, even if it is a very common type of object with nothign new or unusual about it.</p>
<p>However, using such an image to help describe or identify the object is quite likely to be fair use. In particular, it does no economic harm to the copyright owner, and is not likely to replace the original. The original is more of a fctual than a creative work.</p>
<p>In any case the chance of a website owner or other copyright holder learning of such a use and bringing an infringement action over it seems very small indeed. But if the use were held not to be fair use, then it would be infringement, at least technically, unless permission had been granted. (Fair use is not infringement under US law.)</p>
