The Wallace Collection would usually regard the following uses of Wallace Collection imagery and copyrighted material as non-commercial activity:
- Use in free educational lectures and classes;
- Use on an individual or group’s website discussing the artwork in question, provided the website is obviously non-commercial in nature;
- Use on websites that are primarily information-led, research-oriented and obviously non-commercial in nature, for example Wikipedia;
- Use on personal social media accounts, provided the individual is not promoting themselves commercially;
- Statutory exceptions to copyright also apply in certain situations. It is the user’s responsibility to satisfy themselves that an exception (such as fair dealing criticism and review, quotation, or reporting a current event) applies.
Creative Commons defines commercial use as “reproducing a work in any manner that is primarily intended for or directed toward commercial advantage or monetary compensation”.
The Wallace Collection further defines commercial use as “use on or in anything that itself is charged for, on or in anything connected with something that is charged for, or on or in anything intended to make a profit or to cover costs.”
As well as obviously commercial activities such as merchandise production, use of Wallace Collection images editorially in films and on TV, in publications that are sold, in advertisements and commercial promotions, the Wallace Collection would usually regard the following uses of Wallace Collection imagery as commercial activity:
- Use online or in print by commercial organisations, including (for the avoidance of doubt) trading arms of charities;
- Use on an individual’s website in such a way that adds value to their business, or for promotional purposes, or where offering a service to third parties;
- Use of images by university presses in publications online or in print;
- Use in publicity and promotional material connected with commercial events;
- Unsolicited use of images by news media, including front covers and centre-page spreads;
- Use in compilations of past examination papers;
- Use by commercial galleries and auction houses;
- Under charity law, conflicts can arise when one charity is seen as assisting another. Therefore the Wallace Collection needs to treat other charities (and their trading arms) as if they were “commercial” organisations.