Q: I have a question about legal use of copyrighted images.
The 501(c)6 nonprofit for which I volunteer has used collages including some copyrighted images to inspire our members' participation in weekly themed events. The organization does not directly benefit from these events, while the members can and do sell items from these promotionals. Each collage is a sort of "mood board"—intended to be educational and inspiring. The collages are shown in our public forum. Is our use of copyrighted images fair use?
A:
When evaluating the use of copyrighted images, the concept of fair use is pivotal. Fair use allows for limited use of copyrighted materials without permission from the copyright holder under certain conditions, such as for educational purposes, commentary, criticism, or parody. However, determining whether your use falls under fair use involves considering factors such as the purpose and character of the use, the nature of the copyrighted work, how much of the work is used, and the effect of the use on the market for the original work.
In your case, using copyrighted images in collages for thematic events, intended to educate and inspire, does present arguments in favor of fair use, especially if the use is non-commercial and transformative. However, the fact that members can and do sell items from these promotions complicates the situation. The potential for commercial gain, even indirectly, could weigh against a fair use claim. It's also important to consider whether the use of these images could affect the market for the original works.
Given the complexity of fair use and the specifics of your scenario, it would be wise to seek advice from a legal professional knowledgeable in copyright law. They can provide guidance tailored to your organization's particular circumstances. Remember, each fair use case is unique and must be evaluated on its own merits.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
