BY DESIGN makes extensive use of its own and vendor-owned content and images. However, we publish our content and operate our business in the context of community, national and worldwide ideas, trends, and fashions. On the occasions when we report on, or comment on, those ideas, trends and fashions, we do so with the intention of engaging in fair use.
Our policy is to make obvious and clear attribution whenever we use content that we or our vendors do not own. However, should any content owner object to our reporting or comments, we will almost always remove that content from our website.
Section 107 of the Copyright Act defines fair use as follows:
[T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
and the effect of the use upon the potential market for or value of the copyrighted work.