San Francisco-based marketing company Member Source Media wanted to drive consumers to its branded online promotions. Like its competitors, the company registered several domain names, paid for web advertising and launched a pro-active email marketing campaign. However, the company distinguished itself from other web marketers by relying on a single surefire method of drawing consumers: offering something for nothing. In ubiquitous banner ads and email solicitations, Member Source Media dangled the promise of free gifts, such as laptop computers and iPods, in exchange for taking the time to fill out a few online surveys. These offers ultimately proved to be too good to be true.

Fair use is a familiar term to those who are interested in copyright law. Many understand it as a legal principle that somehow justifies the use of copyrighted material, especially since bloggers, filmmakers, artists and other content creators in the digital age tend to be vocal proponents of the concept. But despite the buzz, fair use is not a blanket defense against copyright liability or even a consistent of law.