[cc-community] CC BY-NC-ND 3.0: is it legal to upload original movie to One-Click-Hoster?

Chris High c.high at open.ac.uk
Sun Jan 22 19:29:29 EST 2012


On 22 January 2012 23:59, drew Roberts <zotz at 100jamz.com> wrote:

> On Sunday 22 January 2012 17:25:27 jonathon wrote:
> > On 21/01/12 12:28, drew Roberts wrote:
> > > Are you saying that you can use someone else's ARR work in your
> BY-NC-ND
> > > work without the other person's permission?
> >
> > No. The copyright holder of the ARR work can give consent for the
> > CC-BY-NC-ND to distribute the content, but that permission does not
> > extend to third parties.
>
> So lets try and spell out carefully exactly what you are saying here.
>
> Party B gets permission from party A to include party A's ARR work in party
> B's BY-NC-ND work but the permission is only for party B's use and not for
> the people who get the by-nc-nd license from party B.
>
> So party B's licensees make copies and get sued by party A and B is
> legally in
> the clear while his licensees are on the hook? And B is in the clear
> legally
> with his licensees?
>
> Can B do this without making a note of his license from A and his licensees
> need to arrange a license of their own and still be legally in the clear?
>
> So A and B can go into the lawsuit trap business?
>

I still don't see how B is in the clear if he's distributed on a by-nc-nd
licence, then he either has permission to do so, in which case A has agreed
for third parties to redistribute, copy and transmit, or he doesn't in
which case he isn't legally in the clear.

Chris High



> >
> > jonathon
>
> all the best,
>
> drew
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