Creative Commons “non-commercial” licensing wins court battle


 

 

 

 

Creative Commons, commonly known as CC, has won a legal battle which disputed one of its “non-commercial” licences and could have threatened the whole CC licensing model.

Creative Commons provides free easy to use standard copyright licences which allow creators to share their work with the general public.  The licence which came into question was the CC-BY-NC-SA 4.0 which allows users to copy and share material for non-commercial purposes as long as the original creator is credited.  This licence was used by an American non profit company, Great Minds, which creates high quality educational materials for schools.  Problems arose when a commercial company, FedEx, was asked by schools to duplicate materials for classroom distribution. Great Minds demanded royalty payments from FedEx, however, they refused.  Consequently Great Minds sued FedEx claiming the company was infringing copyright in their materials.

New York judge, Denis Hurley dismissed the Great Minds suit in February 2017, ruling that the CC licence “does not limit a licensee’s ability to use third parties in exercising the rights granted by” Great Minds.  Thus the licence cannot limit a company from being hired to make copies of the materials if the original purpose of the materials is for non commercial use. However, it was found that Great Minds claim was not unreasonable as no court had previously addressed whether or not a commercial copy service could be employed to reproduce materials protected by a CC licence.

To read more about this story see by D Kravets’ article at this link.

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