who legitimately used NC-licensed content when making the mashup, in a legal gray area where the usage can be attributed a commercial character.
17 Can a user of CC-licensed content create the outward impression that the author endorses at particular usa- ge? No. A CC-license explicitly does not suggest endorse- ment. CC does not affect the personality rights of the author. A user must not implicitly or explicitly assert or imply any connection with, sponsor- ship or endorsement by the CC licensor. This „no endorsement“ clause, as it is called in the US, is a standard provision in many open con- tent license models.
16 Can commercial usage by a third partybenefit the author? Yes. If you are interested in distributing your content widely, you should allow commercial uses.
A commercial use is not by definition an abu- sive use. Wherever publicity and attention for the content are the primary goal, any use of the content usually benefits the author, as it incre- ases their popularity. Especially content that is used in the context of public education initiati- ves should be permitted to be used in as many distribution channel as a possible, as maximum outreach is the primary goal.
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