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?
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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.
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