If I use a competitors posted Santa photo and compared it to my Santa photo is that copyright infringement?

[photoman]

I made a comparison ad showing 3 different Santa photos in my area(that were posted on Facebook) listing them as generic Santa A,B,&C and then showing Our Santa options asking people to compare...Is the use of the other images copyright infringement?

[fhotoace]

Unless you have written permission from the owner of the copyright, yes, you are infringing.

[Inazuma]

Uh, yeah. You'd be upset if one of those competitors took one of YOUR Santa photos and used it in an advertisement without your permission, wouldn't you? Just because it's posted on Facebook doesn't mean it's public domain and free for the taking. Besides, everyone knows that Facebook's compression settings mess up photos and make them look worse than they are in many cases.

[Tim]

Yes, absolutely.

It is also the exact type of copyright infringement that will get you sued because it is obviously for commercial use. You face penalties of up to $150,000 plus financial damages and attorney fees for each image used.