I want to use an image of a clown as a logo for our sick kids charity. I found an excellent image online but it is copyright protected. Do I still need permission even if I am using it for a not-for-profit purpose?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Neha Sharma, Hillsdale 2036 NSW
- Yes. You must get permission to use any image published online if:
- it is copyright protected;
- the copyright has not expired;
- you use a substantial part of the image; and
- your use is not a special exception under the law.
- Since you intend to use the whole image your use will not be considered as a special exception under the law. The law does not recognise not-for-profit use as a special exception.
- You must get permission from the copyright owner prior to using the clown image. Chances are if you tell the owner that you intend to use the image as a logo for a charity they may be willing to either give you permission to use the image without cost or for a reduced cost.