Content on this site has to be licensed under the Creative Commons Attribution-ShareAlike 3.0.
Fair use is likely not an argument for use of these photos. An analysis in the light least favourable to us:
Purpose and character of the use
- We're not creating anything "new" by including these photos. This isn't a transformative use of them.
Nature of the copyrighted work
- These are photos published by the NFL or other game photographers.
Amount and substantiality of the portion used in relation to the copyrighted work as a whole
- These are large portions of the original, if not the original.
- Much more than the original was used than was necessary for the intended message. For example, in the question about the Patriots, a photo was not necessary (and certainly not six) for us to understand what the absence of a captains patch looked like. In the photos of Eli Manning to show the appearance of a 6th year captains patch, a small crop showing the 6th year captains patch would have been enough.
Effect of the use upon the potential market for or value of the copyrighted work
- Widespread copying of these photos decreases the value of the work done by these photographers.
It would make for much better questions and downstream usability of our content if we limited ourselves to using Creative Commons work or actual fair use of copyrighted material (for example, by using on the smallest amount necessary for the message being communicated).