Copyright law affects every affiliate marketer who publishes content online, yet most entrepreneurs have only a vague understanding of what they can and cannot legally do. In this transcript, Mark provides a practical overview of copyright, fair use, and how these concepts apply to affiliate marketing, product reviews, and image usage.
What You'll Learn in This Episode
- What copyright is and how it works in the United States
- How copyright protection is automatically granted when work is fixed in tangible form
- What fair use actually means and why it is a defense, not permission
- The four-factor test courts use to evaluate fair use claims
- Practical copyright guidelines for affiliate marketers
- Where to get images legally for your website
- How to handle Amazon product images and reviews properly
Episode Summary
Mark opens with internet marketing news about ongoing Google algorithm fluctuations, noting approximately 500 tweaks per year to the search algorithm. He reiterates that trying to write specifically for Google is folly because whatever you optimize for today will change tomorrow. The RankBrain algorithm is increasingly important, using artificial intelligence to predict what content best serves a searcher's intent rather than matching exact keywords. This reinforces the importance of writing for readers, not search engines.
The main segment covers copyright law for affiliate marketers. Mark emphasizes he is not an attorney and encourages listeners to consult their own legal counsel for specific questions.
Copyright gives creators exclusive rights to reproduce, distribute, perform, display, and create derivative works from their creations. In the United States, copyright protection is automatic the moment a work is fixed in a tangible medium. You do not need to file for copyright or place a copyright notice on your work for it to be protected. This means you should assume that any content you find online is protected.
Fair use is widely misunderstood. It is not permission to use copyrighted work. It is a legal defense that can be raised if you are accused of copyright infringement. Courts evaluate fair use claims using a four-factor test: the purpose and character of the use, the nature of the copyrighted work, the amount taken, and whether the use affects the market for the original work. Only a judge can definitively determine whether a use qualifies as fair use.
Mark provides practical guidelines for affiliate marketers. Do not steal images. Use licensed image sources like Deposit Photos or free services. For Amazon affiliate sites, get product images through Amazon's official builder tools rather than copying them from product listings. Do not copy significant portions of Amazon reviews. If you quote a sentence or two from a review to provide commentary, that may qualify as fair use, but copying entire reviews almost certainly does not.
If you need product images for a favorable review, contact the manufacturer directly. They are often happy to provide high-quality product images for reviewers.
Key Takeaways
- Copyright protection is automatic when a work is created and fixed in tangible form. No filing is required.
- Fair use is a defense against copyright infringement, not permission to use copyrighted material
- Only a judge can determine whether a specific use qualifies as fair use
- Do not steal images. Use licensed sources like Deposit Photos or free stock photo services.
- For Amazon affiliate sites, use the official Amazon builder tools for product images
- Do not copy significant portions of Amazon reviews. Brief quotes with commentary may qualify as fair use.
- When in doubt, contact the manufacturer directly for product images
What's Changed Since This Episode
Mark recorded this in October 2016. Copyright law has become even more relevant for online content creators.
AI-generated content has created new copyright questions. The legality of training AI models on copyrighted content and the copyright status of AI-generated output are being actively litigated as of 2026. Multiple lawsuits involving major AI companies and content creators are working through the courts. This is the biggest copyright development since Mark recorded this episode.
Image copyright enforcement has become more aggressive. Companies like Getty Images and Shutterstock use sophisticated image recognition technology to detect unauthorized use. Automated detection and demand letters have become common. The advice to never steal images is more urgent than ever.
Amazon's affiliate program terms have been updated multiple times. The guidelines around product images, pricing display, and review usage have been tightened. Always check the current Amazon Associates Operating Agreement for the latest requirements before publishing affiliate content.
Free and affordable image options have expanded. Services like Unsplash, Pexels, and Pixabay provide high-quality free images under permissive licenses. Canva includes a library of stock photos and AI-generated images within its platform. The barriers to finding legal images have largely been eliminated.
The DMCA takedown process remains the primary enforcement mechanism for online copyright disputes. Website owners should understand how to respond to DMCA takedown notices and how to file them if their own content is copied.
Mark's core advice, do not steal content, use licensed or original images, and understand that fair use is a defense rather than permission, remains exactly correct.
Resources Mentioned
- Deposit Photos — affordable stock photo service
- Unsplash — free stock photos
- Amazon Associates Program — affiliate program and guidelines
- Stanford Fair Use Overview — the four-factor test explained
Related Episodes
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Listen and Subscribe
Listen to Late Night Internet Marketing on Apple Podcasts or subscribe at latenightim.com/internet-marketing-podcast/. Have a question for Mark? Call the digital recorder at 214-444-8655 or drop a comment below.
