Legal help (definition of "commercial")

Zach M

I'm doing some volunteer graphic design work for a non-profit organization I'm involved with. This organization does not have a large budget for marketing and informational materials, so I'm limited in what I can spend on these projects. We also want to make sure everything we use is legally obtained.

I have found multiple websites with various free design tools (stock photography, photoshop brushes, fonts, etc). Many of them come with a legal disclaimer saying that these may not be used for commercial purposes without consent from the creator. Are we, as a non-profit, bound by this restriction? What makes something "commercial"?

htownbdr · Posted: Apr 05, 2010 11:42 am Post subject:

If they didn't define it, should be fair to use the common definitions as found in Websters or Dictionary.com. If you look that up, almost all of the definitions relate to profit. But, one or two don't.

With that being the case, it is better to be safe than sorry. So, if I were you, I would contact the creator.

oh yeah, disclaimer, this is not legal advice. I am not licensed in Washington. For a more accurate answer, consult an attorney licensed to practice in your state.

ohsix · Posted: Apr 05, 2010 12:03 pm Post subject:

Zach M, commercial in the contracts I deal with means profit. I would bet (but not enough to pay whatever fees you incur if you get sued) that they just don't want people using them to make money without their consent.

Zach M · Posted: Apr 05, 2010 1:24 pm Post subject:

Yeah, that's how I understood things. But the design work I'm doing relates to fundraising efforts, so money is involved it just isn't a for-profit venture.

Unfortunately I can't find some of the owners for the files. This would be the easiest method to keep us safe, but I've scoured the site and can't find a way to contact the member who uploaded it.

Here is the license attached to many of the files
http://creativecommons.org/licenses/by-nc-sa/3.0/

Zach M · Posted: Apr 05, 2010 1:34 pm Post subject:

Also says that I must "attribute the work in the manner specified by the author or licensor". Yet each file that I've found does not have instructions on how to be credited (which I would not want to do anyway).

Seems like this is a generic license that, if not specified, would give me rights to use it for anything non-commercial.

Jensen · Posted: Apr 05, 2010 3:46 pm Post subject:

Zach M, just credit them in the metadata of the image? I'd say you'd be covering your bases good enough with that.

Lop · Posted: Apr 06, 2010 4:27 am Post subject:

talk to them about using thier image. most companies have no problem with you using photos for a non-profit organization