Fair Use and All Rights Reserved

[matthewb]

Under Fair Use, could I use an image from a website like this: http://www.videogamer.com/? I am writing reviews for the game, but I am put off by the copyright license of the website, which states:

"All editorial content, graphics, HTML, and other code used to generate pages is protected by Copyright law and may not be copied without the express consent of Pro-G Media Ltd. Use of editorial content, graphics, HTML, and other code used to generate pages which are owned by Pro-G Media Ltd without prior permission is forbidden. All names, brands, associated imagery and artwork are trademarks and/or copyrighted materials of their respective owners. All rights reserved. Editorial content can be licenced out as part of an automatic feed or for reprinting on a case-by-case basis. For more information, please contact us."

I have, in fact, contacted them - but received no reply. Do I need to wait for a reply, as it is fair use?

I get the feeling this is very similar to simply saying 'All Rights Reserved', which I am also confused by.

Does this mean fair use doesn't apply to websites like this?

[jk]

fair use applies to just about all copyrighted material and trademarked material. It is how you use it that would make it fall under the fair use rules or not. It sounds like you intend to use it properly since writing about it such as a review is typically allowed under fair use but...

something to remember:

just because you have a valid defense doesn't mean you wouldn't get sued. They can sue you if they believe you infringed on their rights. Ultimately, you would win (as long as your use was proper under fair use rules) but that doesn't prevent them from suing. Fair use is determined on a case by case review so they have the right to seek a review, by the courts, of your use.