I used the phrase "non-commercial" instead. A use may not be intended for profit, but could still be commercial. For example, I recently was hired to create a
video for a hospital that was to be entered into a national contest (it won, BTW
). They wanted to theme it on the old A-Team TV show. I refused to use the theme song until they obtained written permission (which they did).
Even though the video was not for profit, it still was a commercial use, which I don't think should be allowed under Fair Use.
Again, "Non-Profit" encompasses a wide range of organizations. Westboro Baptist Church is non-profit. How would you feel about them using your material without permission?