I hope this is the right site for a question like this, but I want to use an image of Donnie Azoff (Jonah Hill) from the movie The Wolf of Wallstreet to use as a background for a social media post regarding a sales vacancy.

enter image description here

As far as I know there are alot of copyright laws regarding social media copyright, but I have no idea if this is under fair use.

So my question is, is this legal?

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    What makes you think you haven't possibly violated copyright by posting the image here? – BlueDogRanch May 22 '19 at 13:24
  • @BlueDogRanch Because I believe the use of this image is solely for educational/non-commercial purposes, where if i would use this picture for a company vacancy you could argue its for commercial purposes. Isn't this one of the reasons why millions of Facebook profiles use/share movie images without any bound consequences? I haven't studied the slightest bit of basic copyright law so thats why I'm here. – MvW May 22 '19 at 13:35
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    If you "haven't studied the slightest bit of basic copyright law", you should read posts under the "copyright" tag on this site; you'll find many existing answers. And simply Google "copyright law". Millions of Facebook users may indeed be sharing copyrighted images, but violating copyright doesn't mean there are no possible consequences. – BlueDogRanch May 22 '19 at 13:55
  • Have you considered to just license a stock image from a website like Shutterstock? They should have literally thousands of images like that. – Philipp May 22 '19 at 14:03

Such an image is copyrighted, as part of the movie. You cannot legally use it without permission from the copyright holder, unless the use of the image falls under fair use (note that fair use is a strictly US legal concept. It does not apply anywhere else) or a similar exception to copyright, such as "fair dealing".

There are multiple factors which must be considered in making a fair use judgement. No one factor ever totally controls the decision. It is a case-by-case decision. But several things about your proposed use suggest to me that it will not qualify as a fair use.

The image is part of a creative work, not a work of non-fiction such as a news report or a textbook. That weighs against fair use.

You seem to be using the whole image, although it is only part of the movie. That probably weighs against fair use to some extent.

A use in "a social media post regarding a sales vacancy" sounds commercial to me. If so, that would weigh against fair use.

The copyright owner might well wish to market images from the film. If so, and if many people used images from the film as you propose to use this one, that might harm the market. This weighs against fair use.

You don't seem to be making any comment on the image, or using it in any significantly transformational way. That weighs against fair use.

Use of the image does not seem vital or even important to the message you intend to communicate. That also weighs against fair use.

In short, I think you would be wiser to use an image that you have or can get permission to use in this way. If you use this image, it is possible that the copyright holder would sue for copyright infringement, or issue a DMCA take-down notice, or both.

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