I think twice before downloading, then uploading an image into Hive.
Saying "copyrights to the owner" will not help from facing cases, any person will be persecuted especially if they hold more power.
I stumbled in this when I tried to use a movie poster for a movie review, but found out I can't download it and use it here on Hive platform, since it conflicts with Fair-Use Policy since—we are posting with earnings no matter how big or small the rewards are.
One workaround is to use the image permalink and insert it to the <img src="link" /> tag, this way your hosting the image directly from the parent site and not in your account's server.
Using the img tag to display an image you don't own is called "hotlinking." It is actually more taboo than copy and paste. That's because you are using both the Intellectual Property and IP from another user. I would love to be able to use images from my site. I could make a hit counter and see how many people actually read my site.
When I try the img tag in Hive.blog, the system makes a copy of the image.
You are correct that the Fair Use concept in copyright is extremely complex.
A poster is just a form of a print. There are people who make their living creating and selling posters. There are people who have a lot of money invested in posters. These people are very protective of posters. So, using images of posters (without express permission of the creator) will get you in trouble.
Interestingly, the courts seem okay with thumbnails made from book covers and the jacket covers of movies. The image used for a book from GoodReads.com.
The Fair Use clause is extremely complex. I notice that Wikimedia requires that people explain why they believe uploading an image is fair use and they often deny uploads.
BTW, there were court rulings from a few years back that allowed the use of thumbnails from web sites in search engine listings. I wasn't sure how much one could use.
Anyway, I suspect the reason that you were "persecuted" (come on a downvote is not persecution) for a poster image is because the people who make posters for a living are protective of their livelihood.
I suspect you would not have a problem using the cover image of a DVD for a movie review. The cover images on DVDs are used to promote films.
Thanks for the info, I now another thing today with your reply.
Hotlinking really is a common practice for people who knows a bit of creating HTML or web programming, it's fun until it isn't anymore. I personally only use this for GIFs under Creative Commons License, not in other media.
The internet is really a shady place, people profit (some just do it form fun) on something they do not own and even tagging it under Creative Commons License. This is common on online services like the GIF industry where user can "create" their own Memes/GIFs and sharing it publicly. The original video/images converted into Memes/GIFs may not be under CC license, but the site will label the output under it and anyone who wishes to use it will only need the shareable link.
Facebook and Google now uses complex algorithm/ML to pre-process your uploaded media and detect signatures of stolen media embedded into it. Your media will be either muted, blocked, removed from the site. On Instagram, fans, out of support to artists, report accounts (to certain "watchers" and perform mass reporting for removal) who steals art who sells at as mugs, t-shirts, posters etc.
Fair-Use is really different when you're a big-tech (search engines, entertainment websites, etc.), you can find the best lawyers and best web developers to find ways not to be persecuted by the law, even if the company is profiting from it in one way or another. Normal people get jailed/fined especially when you get viral while using stolen media.
I personally "almost" experience this (not a movie poster), when I created an automated bot to web-scrape a certain site and auto-generate quotes out of publicly shared media and shared it in Facebook for entertainment purpose, people who owns the site contacted me and my family, it was resolved--I think.
That was the sole reason that I'm more keen before using movie posters here Hive, but is OK with it on WordPress, not because I'm afraid of being jailed/fined, but because I already learned my lesson not to steal media, because I also do have art and published books, and I don't want anyone stealing it, may it be for profit or just fun.