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Re: [cc-licenses] NonDerivative NonCommercial Licenses

From: Terry Hancock <hancock AT anansispaceworks.com>
To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
Subject: Re: [cc-licenses] NonDerivative NonCommercial Licenses
Date: Wed, 1 Mar 2006 23:00:18 -0600

On Thu, 2 Mar 2006 02:58:26 +0000
Å¬alabioâ½ <Walabio AT MacOSX.COM> wrote:
> noncommercial
> fanfiction is fair use

AFAIK, "noncommercial fan fiction" is usually tolerated by
the copyright holder, but is actually illegal. They could
sue you if they wanted to (but they almost never do want
to). One of many areas where "turning a blind eye" to a
practice is commonplace.

This is not some new "fascist" policy, it's always been
true. Of course, given that the practice has been to
tolerate such works, it might be argued that we should make
such use legal -- but that's a whole 'nother can of worms.
;-)

OTOH, if a work is a "parody", it does fall under fair use
terms, AFAIK. Fair use has always been a bit of a legal
quagmire, because it is mostly defined by legal precedent
(and it's different for different types of work, etc, etc).

Of course, IANAL, but this is my understanding,
Terry

--
Terry Hancock (hancock AT AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com

[cc-licenses] NonDerivative NonCommercial Licenses, Ŭalabio‽, 03/01/2006
- Re: [cc-licenses] NonDerivative NonCommercial Licenses, Terry Hancock, 03/01/2006
  - Re: [cc-licenses] NonDerivative NonCommercial Licenses, rob, 03/02/2006
- Re: [cc-licenses] NonDerivative NonCommercial Licenses, Greg London, 03/02/2006
- <Possible follow-up(s)>
- Re: [cc-licenses] NonDerivative NonCommercial Licenses, Ŭalabio‽, 03/02/2006
  - Re: [cc-licenses] NonDerivative NonCommercial Licenses, Greg London, 03/03/2006
    - Re: [cc-licenses] NonDerivative NonCommercial Licenses, rob, 03/03/2006
      - Re: [cc-licenses] NonDerivative NonCommercial Licenses, Mike Linksvayer, 03/03/2006
      - Re: [cc-licenses] NonDerivative NonCommercial Licenses, Greg London, 03/04/2006
        
        Re: [cc-licenses] NonDerivative NonCommercial Licenses, Jonathon Blake, 03/07/2006
        
        Re: [cc-licenses] NonDerivative NonCommercial Licenses, Greg London, 03/07/2006
        
        Re: [cc-licenses] NonDerivative NonCommercial Licenses, drew Roberts, 03/07/2006