We do not consider educational use of our cartoons
to fall under fair use.
The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
(Info Taken from http://www.copyright.gov/fls/fl102.htm)
Section 107 of Copyright Law sets out four factors to be considered
when determining whether or not a particular use is fair use.
1. The purpose and character of your use, including whether such use is of commercial nature or is for nonprofit educational purposes:
The first factor deals with whether or not the use is “transformative”. Using a copy of our cartoon is not transformative.
2. Amount and substantiality of the portion used in relation to the copyrighted work as a whole:
The second factor relates to whether a work has been published. All of our cartoons have been published and are registered with the copyright office.
3. The amount and substantiality of the portion taken:
The third factor states that the less one copies, the more likely the use is to be found fair. Given that it in most cases you would be using an entire cartoon, this would be considered a substantial portion of our copyrighted image.
4. The effect of the use upon the potential market for or value of the copyrighted work:
The fourth factor deals with the potential harm that you would be responsible for by using our cartoons without permission and usage fees and the effect it would have on our company's ability to earn income in a particular market.
If you download our cartoons without permission and without paying a fee, you will be diminishing the value of our cartoons and causing harm to our financial ability to sell cartoons to educational institutions, non-profit, religious and charitable organizations, and commercial organizations.
The fourth factor is usually given more weight in court decisions and
is the strongest reason why we believe that in additional to commercial companies, teachers, educators, students, non-profits, charities, and religious organization need to pay to use our cartoons.
It is our belief that if you use our cartoons
without usage fees you are stealing!
For more information on the Fair Use portion of copyright law please visit the US Government's Website: http://www.copyright.gov/fls/fl102.html
If there is any doubt, it is advisable to consult an attorney.
