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cc-licenses - Re: NonCommercial and recovering costs

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Subject: Development of Creative Commons licenses

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  • From: James Grimmelmann <james.grimmelmann AT yale.edu>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: NonCommercial and recovering costs
  • Date: Fri, 25 Jun 2004 11:37:42 -0700

At 10:54 AM 6/25/2004, Todd A. Jacobs wrote:
On Thu, Jun 24, 2004 at 01:20:28PM -0400, Evan Prodromou wrote:

> I realize that. I'm just wondering if paying someone to do the
> reproduction or distribution would count as NonCommercial use on their
> part.

No, but it *may* constitute contributory infringement if *you* are doing
something for which you are unlicensed.

As I read Kinko's (http://fairuse.stanford.edu/primary/cases/c758FSupp1522.html), this is not necessarily true:

"The use of the Kinko's packets, in the hands of the students, was no doubt educational. However, the use in the hands of Kinko's employees is commercial. Kinko's claims that its copying was educational and, therefore, qualifies as a fair use. Kinko's fails to persuade us of this distinction."

James





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