Commercial or non-commercial guidelines

"These uses might be considered non-commercial

• Work done by day-release students in employment but undertaking  further education  outside their place of work;
• Work done by lecturers entirely for their students;
• Articles for scholarly journals or papers for conference unless a fee  is anticipated;
• Work done for personal professional development;
• Work done exclusively for an NHS Trust."

"These uses might be considered commercial

• Company research and development;
• Market research;
• Information brokerage;
• Articles or papers where a fee is offered;
• Work done for spin-off companies owned by universities or similar;
• Work done for a private medical facility, including copying which is to be used partly for private work and partly for NHS work;
• Work done by students  for an employer while on placement;
• Research done by students which it is known or expected will be used for commercial purposes;
• Work done by charities or non-commercial organisations to earn income  even if it is then used to further  the charity’s aims;
• Work done by for-profit companies to earn money which is covenanted to a not-for-profit organisation or charity;
• Training or professional development  funded by an employer which is linked to a commercial company’s work or linked to carrying out a commercial activity."

"Status uncertain:

• Work done by staff/students in academia sponsored by a commercial company but not necessarily for the benefit of that company;
• Work done for charities to raise funds;
• Work done to gain a qualification which will ensure a pay rise.”

The above guidance comes from a document by Graham P Cornish, entitled:
"Guidelines on the recent changes to copyright law"
Source: MCG/LACA, 23 September 2004