CCC turned to Leslie Lansman, Head of Permissions and Licensing at UK-based Springer Nature, for her thoughts on this question.
It is my view that “non‑promotional” and “educational” activities are not equivalent activities, even though they are often conflated. Terms such as non‑promotional, educational, non‑commercial, and non‑profit are frequently used interchangeably, but they describe separate and distinct concepts. To make matters more complex, their meaning often depends on context, and different professional communities (i.e., compliance, marketing, copyright, academia) may apply their own interpretations.
From a copyright perspective, these distinctions matter. At one end of the copyright spectrum are uses that are clearly educational and non‑profit, with these words regularly going hand in hand. For example, content used while teaching a class within a formal educational institution where there is no commercial purpose or advantage. At the other end of the spectrum are commercial uses, where the key question we ask is whether the activity provides any direct or indirect commercial advantage. This assessment goes well beyond immediate monetary gain and may include reputational benefit, advertising, publicity, or other non‑quantifiable or long‑term commercial boosts.
This is why “non‑promotional activity” frequently causes confusion. In a medical compliance or regulatory sense, non‑promotional simply means that specific rules governing product promotion are not triggered. This does not mean non‑commercial. An activity may fully comply with promotional restrictions and still deliver indirect commercial value, for example through reputation building, brand positioning, goodwill, advertising, publicity, or long‑term market influence. In other words, an event can be non‑promotional in a regulatory sense while still serving a commercial objective in copyright terms.
For instance, a disease‑state meeting may be approved internally as non‑promotional, feature independent speakers, and avoid product references entirely. From a compliance standpoint, this may be entirely appropriate. From a copyright standpoint, the analysis differs, we ask whether the event sits within a wider commercial strategy and delivers indirect commercial value. If it does, in my view, the use of third‑party content may still require commercial licensing. Similarly, the fact that an event is free to attend does not make it educational in copyright terms. Free events can be commercial if they support brand perception, unique value propositions, or other business goals.
Understanding when uses are commercial is essential. Treating “non‑promotional” as synonymous with “educational” risks over‑simplifying copyright analysis and can lead to incorrect assumptions about what uses require permission and what type of permission you should be seeking when permission is required.
11 February 2026