{"id":101,"date":"2018-05-01T20:31:09","date_gmt":"2018-05-01T20:31:09","guid":{"rendered":"https:\/\/certificates.creativecommons.org\/cccerteducomments\/chapter\/additional-resources-4\/"},"modified":"2018-06-28T21:22:32","modified_gmt":"2018-06-28T21:22:32","slug":"additional-resources-4","status":"publish","type":"chapter","link":"https:\/\/certificates.creativecommons.org\/cccerteducomments\/chapter\/additional-resources-4\/","title":{"rendered":"Additional Resources"},"content":{"raw":"Additional details on the court cases in section 4.2:<\/span>\n\nIn the FedEx Office case, the decision was affirmed by the U.S. 2nd Circuit Court of Appeals, which stated: \u201cIn sum, the unambiguous terms of License permit FedEx to copy the Materials on behalf of a school district exercising rights under the License and charge that district for that copying at a rate more than FedEx\u2019s cost, in the absence of any claim that the school district is using the Materials for other than a \u2018non-Commercial purpose.\u2019 The motion to dismiss is granted.\u201d\n\nWith the Office Depot case, Great Minds claimed the copy store violated the BY-NC-SA 4.0 license for the same reasons FedEx Office did; however, Great Minds also claimed that because Office Depot reached out to school districts to solicit reproduction orders, that the solicitation is additional evidence of a license violation. The other difference with the FedEx Office case was that Great Minds and Office Depot had entered into a contract specifying Office Depot could reproduce the same publicly-funded educational materials for school districts and would pay royalties to Great Minds.[footnote]According to the complaint, this contract was entered into while FedEx Office was pending. However, once the district court granted the motion to dismiss in favor of FedEx Office, Office Depot terminated its contract with Great Minds shortly before it expired and, in reliance on the FedEx Office decision, continued to reproduce Great Minds\u2019 materials for school districts without paying royalties to Great Minds.[\/footnote]\n\nThe U.S. District Court for the Central District of California agreed with Office Depot, stating it \u201cconcludes that the Creative Commons Public License unambiguously grants the licensee schools and school districts the right \u201cto reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only,\u201d and does not prohibit the schools and school districts from employing third parties, such as Office Depot, to make copies of the Materials. . . . Because the schools and school districts are the entities exercising the rights granted under the Creative Commons Public License, it is irrelevant that Office Depot may have profited from making copies for schools and school districts.\u201d\n\nFurther, the U.S. District Court for the Central District of California stated: \u201cThe Creative Commons Public License at issue authorizes schools to: (1) reproduce and use the Materials for NonCommercial purposes, (2) expressly permits the schools to provide those Materials to the public \u201cby any means or process,\u201d and (3) does not prohibit the schools from outsourcing the copying to third party vendors. Because a licensee may lawfully use a third party agent or contractor to assist it in exercising its licensed rights, absent contractual provisions prohibiting such activity, Great Minds has failed to allege that Office Depot\u2019s conduct was outside the scope of the license and, thus, Great Minds\u2019 claim for copyright infringement against Office Depot fails.\u201d The Office Depot case is on appeal before the U.S. 9th Circuit Court of Appeals as of June 2018. The court also addressed Office Depot\u2019s alleged solicitation of school districts\u2019 reproduction business. The court did not find the difference urged by Great Minds persuasive or that it should change the outcome.\n\nMore information about modifying the licenses<\/u>\n\nSelected Frequently Asked Questions <\/i>by Creative Commons. Licensed CC-BY 4.0<\/a>\n\n