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cc-licenses - Re: Intended Meaning of "Non-Commercial"

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Subject: Development of Creative Commons licenses

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  • From: wiki_tomos <wiki_tomos AT inter7.jp>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: Intended Meaning of "Non-Commercial"
  • Date: 7 Apr 2005 09:47:09 +0900

There seems to be a way to get around this uncertainty for some cases, at
least.

If the CC-by-nc material is available online, the teacher can simply tell
students the URL
and tell them to read. This does not have to do with the copyright the
original author or
the licensor holds, and therefore free of license restrictions.

Now, what students would do in turn, may or may not be relevant to the
license terms.

Some student would certainly want to print it out, and even get it bound.

Many schools are non-profit in the U.S. and some other countries, and their
printers
can be used for printing it out. Non-profit school's act of printing (upon
the request
of student) in this type of situation is likely not to be characterized as
"primarily
intended for or directed toward commercial advantage or private monetary
compensation."
(The quote is from the license text of CC-by-nc 2.0)

If student used a commercial copy store (Kinko's, for example), they charge
for the
printing & binding, and it is primarily for a private monetary compensation,
I suppose.
So they might be in violation of the license. Or am I wrong on this? Can a
CC-by-nc
work be printed out and bound at a local Kinko's? I hope so.

I am not a laywer, so I might be wrong.


Tomos


----- Original Message -----
From: drew Roberts <zotz AT 100jamz.com>
To: Discussion on the Creative Commons license drafts
<cc-licenses AT lists.ibiblio.org>
Sent: Wed, 6 Apr 2005 17:16:32 -0400
Subject: Re: Intended Meaning of "Non-Commercial"


>Music teacher teach a student to play an NC song?
>School teacher assign an NC poem for homework?
>Busker perform an NC song in a mall? (Where he needs permission from the
>mall
>operators to do so?
>Me make copies of NC works on CD for a friend if he does not have a burner
>and
>I make him pay for the CD's?
>
>"Money changes hands, you break the license."
>
>If indeed you are in the clear so long as no money changes hands, that is
>one
>thing. If it is money, money's worth, something of value, then it becomes a
>different game when you turn loose the lawyers.
>
>all the best,
>
>drew




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