Donny created an awesome multimedia project on the solar system using graphics he found on his local science museum’s website (which he cited in the bibliography). Now his teacher wants to post his project on the school website as an example for others. Is this fair use?

Answer 1

Determining whether Donny's use of the graphics from the science museum's website qualifies as "fair use" depends on several factors. Here are some considerations to evaluate in this situation:

1. Purpose and Character of Use: Donny is using the graphics for an educational project, which can lean toward fair use, especially since it is not being used for commercial purposes. However, posting it on the school website may change this aspect since it would be more publicly accessible.

2. Nature of the Copyrighted Work: The graphics are likely creative works, which may not favor a fair use argument. Commonly, the use of creative works is less likely to be considered fair use compared to factual works.

3. Amount and Substantiality: If Donny is using a small number of graphics that are not the "heart" of the work, this may support fair use. However, if he uses significant or central images, it could weigh against fair use.

4. Effect on the Market: If Donny's use of the graphics could potentially harm the market for the original work or act as a substitute for it, it would likely weigh against fair use. If the school website is publicly accessible, it might compete with the science museum’s own offerings.

Even though Donny cited the source, fair use is not automatically granted, especially when the project is being posted publicly. It would be a good idea to seek permission from the science museum before posting the project on the school website, to ensure that all legal and ethical considerations are addressed.

Answer 2

is it fair use or no

Answer 3

Based on the considerations mentioned, it is likely that Donny's use of graphics from the science museum's website may not qualify as fair use, particularly because:

1. The project will be publicly posted on the school website, making it more broadly accessible and potentially affecting the market for the original graphics.
2. The nature of the graphics is likely creative, which typically weighs against fair use.
3. Depending on how many graphics were used and their significance, if he used a substantial amount or key pieces from the graphics, this would also weigh against fair use.

To summarize, while educational projects often have some leeway under fair use, the factors in this scenario suggest that it might not be considered fair use, especially for a public posting. It would be advisable for Donny to obtain permission from the science museum before proceeding.