[cc-community] What does NC means?

Lloyd cc at phizz.demon.co.uk
Sat Nov 10 15:12:44 EST 2007


jonathon wrote:
> Lloyd wrote:
> 
>> If the the material is used for educational purposes, then fair-use applies, and the CC license doesn't enter into the equation.
> 
> a)  Does it?   Kinko's lost a suit because use "fair use" did not
> apply to the creation of "course packs" for educational institutions.
> 

Well DUH! Fair-use does not cover copying which is designed to avoid the 
purchase of materials.



> b) What constitutes "educational purposes"?
> Or, did you know that most XXX rated movies are described, legally,
> "as being for educational purposes".

Perhaps they are and your prof can insert a 30 second segment into a 
lecture. Providing that the usage is contextual with the course being 
taught.


>> The issue is different if they are using the material in a context that is non-educational.
> 
> Would there be any difference between teaching the material to
> students at the college they are a professor at, or teaching it
> (identical material) at weekend seminars that are advertised on late
> night TV, or if Clear Chanel/other media giant sponsored that course,
> with gratis admission by the general public?
> 


In the UK for example there is an obligation to provide public service 
broadcasts as part of the granting of commercial license to broadcast, 
so public service broadcasts are part of their commercial business.



> a) Somebody else sells/distributes that material to the students.
> 
> The professors aren't making a penny from the distribution of the NC
> material.   Are the professors still operating within NC requirements?
>

The NC material is being sold by who?


> b) Somebody other than the professor distributes that material in such
> a manner that all costs are covered, but there is no gross profit.  In
> your opinion, is that a "commercial enterprise" or not?
> 

That moves the issue to the person doing the copying and distributing. 
What is this other body.


> c) Somebody other than the professor distributes that material in such
> a manner chat all costs are covered, but there is no net profit.  In
> your opinion, is that a "commercial enterprise" or not?
> 

What is this other body that is doing the copying?

> d) Somebody other than the professor distributes that material in such
> a manner that all costs are covered, with some money left over.
> However, the expenses exceeded the revenue that was generated.  In
> your opinion, is that a "commercial enterprise" or not?


What is this other body that is doing the copying?


> e) The college radio station decides to distribute that material that
> the professor used, as a premium during its fund raiser.  In your
> opinion, is that a "commercial enterprise" or not?
> 

The use is commercial.


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