There
is sometimes legal justification for using someone else’s copyrighted or other
protected material without permission. Nevertheless, there is always some
level of risk when you use someone else’s material without permission. While the
risk may be minimal, it is never zero. Your claim that your use is protected by
copyright fair use or by the First Amendment is not a guarantee that your unauthorized use will not trigger legal action from the
rights owner.
work without permission often revolves around a risk assessment. You must decide whether or not you can and want to accept the risk. Here are some of the questions I ask when conducting such a risk assessment: