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cc-licenses - Re: [cc-licenses] Will CC 4.0 Make NC Clause Problems Worse?

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <rob AT robmyers.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Will CC 4.0 Make NC Clause Problems Worse?
  • Date: Tue, 08 May 2012 22:08:46 +0100

On 05/08/2012 01:31 PM, David Wiley wrote:

For an example of someone who thinks educational use is commercial,
see the terms of use here:

http://www.montereyinstitute.org/license/license.html

In the US four-factor test for Fair Use, commercial and educational uses are separate factors. And it is explicitly *nonprofit* educational use that is considered a factor:

http://en.wikipedia.org/wiki/Fair_use#Fair_use_under_United_States_law

"17 U.S.C. ยง 107
[...]
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;"

So educational use certainly *can* be commercial.

If we must explicitly mention education in the NC license module, it should be *nonprofit* education.

But I think this is redundant. Nonprofit education is nonprofit.

- Rob.




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