On Apr 14, 2012, at 5:35 PM, Paul Wise <[email protected]> wrote:
> The term "non-commercial" is open to interpretation
I was surprised Black's (8e) doesn't define "(non-)commercial." The closest it
gets is "commercial law ... dealing with the sale and distribution of goods,
the financing of credit transactions on the security of the goods sold, and
negotiable transactions."
The only 'non-commercial' definition is for a "non-trading partnership ... does
not buy and sell but instead is a partnership of employment or occupation."
Merriam-Webster Collegiate (11e) defines commercial as, relevant definitions
only, "viewed with regard to profit <a ~ success>" or "emphasizing skills &
subjects useful in business..."
("Non-commercial" is undefined.)
Case law (esp., in the U.S. and perhaps persuasively in the UK, related to 17
USC ยง 107, which by its very language makes "whether [a] use is of a commercial
nature or is for nonprofit educational purposes" a necessary part of any
analysis) might provide some guidance...
But not at 2:44 a.m. :)
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