[cc-community] What does NC means?
jonathon
jonathon.blake at gmail.com
Sat Nov 10 15:43:51 EST 2007
LLoyd wrote:
> > 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.
Yet what the drew's professors are doing is exactly what you said was
acceptable under "fair use".
> 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) Clear Channel owns radio stations in every major and most minor
markets in the US. They also own most of the bilboards, and major
entertainment venues.
(In short, Clear channel can make or break a musician, purely by the
exposure it provides, or declines to provide to one.)
b) In my example, I was not using on-air broadcast, but rather in
person classes.
Is such a course by Clear Channel non-commercial, or commercial?
(Rember, it has virtually nothing to do with Clear Channels core
business, which is making/breaking musicians.)
> > 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?
Anybody but the professors.
How does that affect whether or not the professors usage is acceptable
under the NC license?
> > 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.
It could be the students as a group. It could be a single student.
It could be some random third party.
> > 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?
It could be the students as a group. It could be a single student.
It could be some random third party.
> > 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?
It could be the students as a group. It could be a single student.
It could be some random third party.
> > 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.
Interesting.
Especially since college radio stations tend to operate either a
501(c)(3) organizations, or under a charter from the educational
institution which holds the license.
xan
jonathon
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