Photo copyright question

[A.M.D.A.]

If I copy a photo that is being used to illustrate a product in another website, for example, Adorama, then use it to illustrate an article of mine about that product - would this be a copyright infringment or would it qualify as "fair use"?

Any insight/advice sure would be appreciated.

[SmartWombat]

would this be a copyright infringment?

Ask a lawyer - I'm not one.
Prepare to open your wallet and say after me "help yourself" if you do.

Having said that IANAL - here's my opinion.

Depends who took the photo.
If it was taken by Adorama, no.
If it's a press photo from the manufacturer - definitely OK if you get it from them.
Dubious if you copy it from somewhere else.

What if there is no watermark or copyright notice next to the photo?

Everything is copyright, it's harder to enforce without a notice, but without it doesn't mean people can steal it with impugnity.
There is a provision for "fair use" of copyright material but that applies mainly to research/academic use and has fairly strict limitations.

[A.M.D.A.]

Thanks SmartWombat.

[brmill26]

Paul is right, as usual. That's at best dubious; I'd not do it. Either use a press photo from the manufacturer (since they exist for the purpose of promoting the item) or take one of your own.

[A.M.D.A.]

Thanks brmill26.

I usually take my own photos of equipment, so that's what I'll probably do if I need one.