Determining whether Donny's project qualifies as "fair use" involves considering several key factors. Here are the points to evaluate:
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Purpose and Character of the Use: If Donny's project is educational and non-commercial (for instance, created for a school assignment and then shared for educational purposes), it leans more toward fair use. However, if it's being used in a way that profits the school or has a broader commercial application, it may not qualify.
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Nature of the Copyrighted Work: If the graphics are factual (such as scientific diagrams) rather than creative, this may favor fair use. However, if the graphics are highly creative (like artwork), this could weigh against fair use.
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Amount and Substantiality: If Donny used only a small portion of the graphics or essential parts necessary for educational purposes, this may support fair use. However, if he used a significant portion or the "heart" of the work, it could be problematic.
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Effect on the Market: If the posting of Donny's project negatively impacts the market for the original graphics (for example, if it would prevent the museum from selling their graphics), this could weigh against fair use.
Given these considerations, while Donny cited the source in his bibliography, which is a good practice, it's essential to ensure that the project does not violate copyright laws when posted publicly. It may be prudent for the school to seek permission from the museum before posting the project online, to avoid any potential copyright infringement issues.