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cc-licenses - Re: [cc-licenses] Version 3.0 -- It's Happening & With BY-SA CompatibilityLanguageToo

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Subject: Development of Creative Commons licenses

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  • From: James Grimmelmann <james AT grimmelmann.net>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Version 3.0 -- It's Happening & With BY-SA CompatibilityLanguageToo
  • Date: Thu, 15 Feb 2007 14:03:12 -0500

Jonathon Blake wrote:
Terry wrote:

On 2/14/07, Terry Hancock <hancock AT anansispaceworks.com> wrote:

But they also EXPLICITLY state that they allow everything allowed by "fair
use".

US Statute Law regarding "The Fair Use Doctrine" allows for things
which are explicitly prohibited by the CC-NC licence.

With the NC licence, if you met a specific set of criteria (natural
person, or "IRS registered non-profit") you may use the material. If
you aren't, you may not use the material. "The Fair Use Doctrine"
simply defines what may be done with the material _without_ requesting
permission from the creator. The CC-NC is a EULA, and as such, trumps
"Fair Use Doctrine".

No.

As Terry points out, the CC licenses explicitly preserve all fair uses. Even if they "trumped" fair use, they immediately give all fair uses back to the licensee.

"2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws."


CC-NC is a EULA. As such, it is technically _more_ restrictive than ARR
would be.

Hence anything you are permitted to do with ARR you are also permitted
to do with any CC license.

If that is true, then the NC Guidelines are false.

No.

See the "explanation" at the top of the Guidelines, which explicitly state that the guidelines (and the "noncommercial" restriction) do not limit fair use.


Because I am a lawyer, I should note that this is not legal advice.

James




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