NonCommercial and recovering costs

James Grimmelmann james.grimmelmann at yale.edu
Fri Jun 25 14:37:42 EDT 2004


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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