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Private - Photo Use Guidelines
  • Subject: Private - Photo Use Guidelines
  • From: John I Jones <jijones@usjoneses.com>
  • Date: Fri, 16 Jul 2010 22:40:43 -0700


It would seem that both whether a use is charitable or commercial is only part of  the issue, and that it is the "educational" aspect that confers the exclusion.

And yes, I understand that part of the AIS 501 (c) (3) objectives is eduction, but that was not clear in your post.

So those affiliates that are under the AIS 501 (c) (3) would qualify for the exclusion, but those that are not would not.


§ 107. Limitations on exclusive rights: Fair use40

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

On Jul 16, 2010, at 6:11 PM, Bob Plank wrote:


The proceeds of sales of donated irises by AIS organizations are used for the support of its 501 (c)(3) objectives. Therefore the sales are charitable, not commercial. Bob

From: John I Jones <jijones@usjoneses.com>
Sender: iris-photos@yahoogroups.com
Date: Fri, 16 Jul 2010 18:00:04 -0700
To: <iris-photos@yahoogroups.com>
ReplyTo: iris-photos@yahoogroups.com
Subject: Re: [iris-photos] Photo Use Guidelines


The general rules of thumb are as follows (recognizing that I am not a lawyer and what I say has no legal standing):

Copyright of a photograph generally belongs to the photographer in perpetuity.

A copyrighted item may not be used for commercial purpose without permission.

A copyrighted item may be used for educational purposes (without obtaining permission)

There are other "fair use" provisions, but copyright law is VERY complex and even the statements above can have complexities.

The net of it all is that the pictures on iris-photos and the Wiki should not be used for commercial purposes (including club sales). That a organization is a 501 C (3) non-profit does not create an exception to that rule.

If anyone knows better please let us know.


On Jul 14, 2010, at 7:03 PM, Jean Sturtevant wrote:


To John Jones or Robert Pries:
It might be timely to post general "guidelines" for photo use at this site and the Twiki site as iris sales will be coming up in the next month.
Might one of you do this?  Would much appreciate it!
Since I do our monthly newsletter for our local society, I would appreciate seeing anything pertinent to that included.
Thanks in advance.
Jean Sturtevant
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