TuWillows Fair Use and Transformative Work

Our designs include images from paid and unpaid licenses for commercial use, unsplash license, pixabay license, public domain and under creative commons license.

There is also images which we use under the guide lines of Fair Use and Transformative Work.

We aim to stay within the law and as such we go by the guide lines of Fair Use and Transformative Work. We are not lawyers and this does not stand as legal advice, however as we understand it requires the images to be changed from the original and can only use part or portion of the image (not the whole image) and/or by changing it as to be unrecognizable from the original. (See references below) 

Fair Use and Transformative Work has been recognized and successfully argued in USA courts. (See references below) We aim with up hold the rights of the image creators/authors, as such we have edited the images with Photoshop filters (poster edge, computerized oil painting) to make the images different from the original, to meet the requirements of Fair Use and Transformative Work. (See references below)

We will endeavor to credit all sources if known, even where not required by creators to show good faith.

Images sourced online can be mislabeled and not show actual copyrights, creator information and/or usage licenses. We modify and edit these images to met the requirements of Fair Use and Transformative Work.

If you feel we have violated copyright in a way that it does not fall under fair use, and transformative work or have the incorrect credit/creator/author/source information please contact support@tuwillows.com and allow us to rectify the situation.

We will endeavor to resolve the problem in the following way.

Possible Resolutions:

1. Correct the credit/creator/author/source shown on page with correct information and/or source link (proof required)

2. Purchase Commercial License at a reasonable price (~$20us to $50us) from owner to use the image in an edited form (proof required)

3. If the above solutions are not acceptable, we will take down the design and do a redesign without the offending image

Referance:

Stanford University
https://fairuse.stanford.edu/2014/12/22/much-photo-need-alter-avoid-copyright-infringement-hint-cheshire-cat/

Social Media Examiner
https://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/?fbclid=IwAR0c2LQeIHWZc-C7GwgoTEsDygzHsWdKb_v7DSM5VphYGKDPSncQl6eKJWo

U.S. Copyright Office
https://www.copyright.gov/fair-use/index.html