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I am in the process of creating a startup, and want to send a technology flyer to potentially interested business customers. It is far easier to explain why my technology is beneficial if I can example existing products that don't use it with an image, allowing me to explain the negative aspects of these products that I can improve upon.

Does this constitute fair use? My problem is that no company would give me permission to use their images to negatively describe their product, which makes it difficult to show where I can be of benefit. Could one argue my reuse is a critique of these existing products, and is therefore fair?

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    Why do you need to copy an image in order to show it to your potential customers? For example, if you want to critique a car (say, BMW), you need only to take your own photo of that car, and then you own the copyright to that photo. You do not need BMW's permission to take a photo of one of their products. However if you go to BMW's web site or marketing material and copy a photo you like, of course you need permission to copy that photo (but I don't see why you would need to do that). – Brandin Sep 19 at 13:17
  • The "make your own picture" point is valid, so your question is unclear. You have failed to demonstrate that there is any "criticism" as opposed to plain copyright infringement. I suggest clarifying exactly what you're promoting and how the picture is relevant. As it is, we can only make "facts" up that tend to support a yes or no answer. Give some more facts. – user6726 Sep 19 at 15:17

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