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Originally Posted by tucker6
Jim,
I just saw this post. You may be interested in the following definition of COMMERCIAL USE.
A commercial use is one which is undertaken for a business purpose, rather than hobby, recreational, educational, or other purposes. Such uses are usually attributed to a for-profit entity, rather than an individual, university or other educational institutions, or non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare).
It would appear that your channel(s) do not perform for profit, correct?? If so, you are not subject to the commercial use laws, as you provide the videos under the hobby/recreational aspect of use. Mr Mende is offbase once again.
Tom
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I feel like I could clarify some information here...
The issue of commercial use with respect to copyright is often misunderstood. Whether or not you're making a profit is, with respect to copyright, irrelevant; copyright applies even when no profit is made. Even nonprofit use (educational use, for example) is subject to copyright restrictions.
However - and this an important however - because Mende is NOT the copyright owner, he has no legal footing to claim foul on those grounds. The demand he's attempting to make is one that could feasibly come from the copyright holder, but because he's not in that position, permissions would be a matter of principle (not law).
Of course, the demand itself actually strikes me as somewhat inappropriate, as the site is not-for-profit. Unless I'm missing something, or it's an issue of wording...
Seems to me that, as one claiming to have in mind the best interests of the community at large, Mr. Mende should be working
with the site owner to ensure that his hard work isn't for naught, rather than tossing the baby out with the bathwater; I think we all recognize his contribution to the racing community, and thank him for his efforts. I also urge caution to Mr. Mende, as his claim to copyright - whether explicitly stated or wrongly assumed - could result in far more significant problems. Treading on dangerous ground, and I don't think anyone wants to see any damage done.
In fact, unless I'm mistaken, I think we
all want the community to benefit from this exceptional archive. No reason for petty insinuations or squabbling to muck it all up.
Just my 2bits (not to be construed as legal advice for any parties of interest
)...
