This semester I was first exposed to the idea of “fair use” in my Graphic Communication course. As the reading on fair use states, one of the four factors to be considered in determining whether or not a particular use is fair, “the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes.”
I know from my Graphics course that students are allowed to use materials and content from the work of other companies in projects, but what happens if the student continues to use the material for something other than school. When does one cross the line from being a student and using the materials as a student to being an “adult” and no longer able to use the materials? Or if the materials were used by a person when they were a student are they able to continue using what the produce after graduation since they were a student when the materials were created.
A couple of examples of questions that I have include:
For my graphics course I will be making a newsletter–designing how it will be laid out, choosing the colors and graphics to use, etc. But for this class we are allowed to use any body copy provided by the organization for our project. If I were to include this brochure as a writing sample on my Writing for the Web professional portfolio, would I be able to use it as a sample of my work for potential employers to view once I have graduated?
Also, if I were to use photographs that I did not take and include them on my Web site, would I be able to leave the photos on my site following graduation if I were distributing the site’s address to future employers? Or do I have to remove the photos and replace them with new photos that I took and have the rights to?
Finally, I understand that work can not be used in a commercial nature, but can it be used for simply a nonprofit purpose or simply an educational purpose? Does the purpose have to be BOTH nonprofit and educational? This is important information for me to know since I am considering working in the nonprofit sector for a living.
I’m glad that the fair use clause exists, but I do want to make sure that I am following all of the need-to-be-met guidelines!
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