Since we are a nonprofit, religious organization and would not be using the material for a commercial purpose, wouldn’t it be a “fair use”?
“Fair use” is a defense to a claim of copyright infringement. There are no definitive rules about what facts will make for a successful fair use defense. The commercial versus noncommercial purpose of the copying is one factor. Other factors include the amount of the whole that is taken, and whether the taking has an impact on the owner’s financial benefit from the work. Although your use is a noncommercial one, the material you take is likely suitable primarily for just such noncommercial purposes. Since the creator of that material is likely making a living by writing, composing music, or creating art, your use of the material without compensating the owner may not be considered a fair one.
Related Questions
- Can the Chamber of Commerce be the nonprofit organization? If not, does the health group cooperative have to be a nonprofit organization formed for the purpose of obtaining insurance?
- Is there a difference between volunteering services to a religious or other nonprofit organization and opportunities that qualify for student service learning (SSL)?
- Does our religious organization have to form a special nonprofit organization in order to receive Federal funding?
