spfister - EDIT-5370 - Module 10 - Scenario 1

Stephen Pfister

EDIT-5370

Module 10 - Scenarios

May 5, 2019

Scenario 1

For Sam’s assignment in his online web development class, he is asked to pick a non-profit website and build a website for them. He decides to build a site for a local dog rescue that has been having a hard time with funding and can’t afford a website. He contacts the non-profit and lets them know that he’s building the site and asks if they would be interested in using it when he’s done. They love the idea and are ecstatic about the idea of finally having a site where they can fundraise and post descriptions of dogs that are up for adoption. While building the site, Sam uses images that he finds publicly on Google Image and various Facebook pages of other dog rescues. Since he is using images from public sites, he decides it will be fine to use on their live website, especially considering they are a non-profit. Further, his professor decides to use this site as a teaching resource for her class. Does the non-profit have any risk with using the images on their website, given the way they were acquired? Does the professor have the right to use this content when teaching her course?

The purpose and character of the use

In the case of the non-profit, they should request that sources of the images be contacted and permission be granted to use the images. While they are not using them for profit, they are still using them to raise money and encourage adoptions. The student have been required in his class to do this, or not use those images. The professor should require this be done or reach out to the original photographers before using the website in their class.

The nature of the work

The work is for the purpose of education and for a non-profit, however, it still hold intellectual property and the original photographer holds the right to approve or decline the use of it when there is no monetary compensation.

The amount and substantiality of the portion used in relation to the work as a whole

Having these images available online saved Sam a ton of time. He basically found a bunch of images online and added them to the site. This site was used for educational credit, used to create a non-profit website that is live, and now is being used to educate an online classroom. These images need to be approved by the original photographer or should be replaced by stock-photography or approved images.

The effect of the use on the market or potential market for the original work

Not only were the images used for course credit, they were used to create a live website that will be used to promote a non-profit. These images could end up seeing a lot of public exposure, without giving proper credit to the original artist. Further, they will be used by a professor to teach a course that is in a for-profit school. These images will gain more availability in search engines, thus making it nearly impossible for the photographer to get credit or compensation for their work.