[cc-community] non-commercial use questions

Lloyd cc at phizz.demon.co.uk
Tue Apr 29 13:58:59 EDT 2008


Evan Prodromou wrote:
> Lloyd wrote:
>>> So, no NC licensed songs allowed in videos on YouTube?
>>> I have had a hard day and may not be thinking too clearly, but would anyone 
>>> care to spell out how this is wildly different from a copy shop making copies 
>>> of an NC bool at the request of a person who must then pay the shop who makes 
>>> a profit?
>>>     
>>
>> I don't think it differs at all. Clearly the person using the work is 
>> the owner of the website account not the website hosting service.
> I see a few wild differences.
> 
>    1. At the copy shop, the "uploader" pays for the copy. On YouTube,
>       the uploader pays nothing. The relationship of the uploader to the
>       copy shop is clearly more of user-to-tool, whereas that of the
>       user to YouTube is more nebulous.


In both case you are using a service. In the case of a copy shop there 
is a specific clarification in the license that the copy shop acting 
under direction of the user of the work is not infringing the NC license 
when they charge for making the copy. In the case of youtube, or myspace 
the distribution is performed under direction of the user of the work 
(the person that uploaded it). they also have a catch all permission 
under the principle of safe-harbour that is not afforded to a copy shop. 
Hence the specific clarification in the license.



>    2. At the copy shop, one copy is made, for the "uploader". At
>       YouTube, many many many copies are made, for the general public.
> 


The number of copies is irrelevant, one could go to a copyshop and have 
them print off 10,000 copies.



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