united-states copyright fair-use is-x-legal
Can I use an image of SpongeBob in the thumbnail of my video about the cartoon?
<p>Suppose I made a commentary video about SpongeBob. Would using an image of SpongeBob in the thumbnail be considered fair use in this case?</p>

<p>Most likely, as it seems to <a href="https://www.copyright.gov/title17/92chap1.html#107" rel="nofollow noreferrer">meet the standards of</a>:</p>
<ul>
<li>Relationship to the whole (small part of the animation)</li>
<li>Effect on value of the copyrighted word (likely negligible effect)</li>
<li>Purpose and character - commentary, uniquely identifying the subject of the commentary.</li>
</ul>
<p>The outstanding portion to be considered, nature of the copyrighted work, as a work of fiction targeted at children, is not in your favor (you aren't trying to copy a phonebook, for example), but given the other factors, should not weigh heavily enough against you to cause problems.</p>
<p>That said, fair use might not be enough to protect against a copyright bot, so modifying the image to show context of this as a commentary would probably be beneficial in more than one way.</p>
