[Cc-ca] Is a donation commercial?
julien at jlam.flora.ca
Tue Jan 18 09:26:44 EST 2005
Bonjour à tous,
I'm new to this list, but I've talking about cc to my friends for a
while now. For example, the NGO mentioned here, I asked if they could
put their website under cc and they accepted it pretty quickly.
I'm part of a cycling caravan that will cross Canada to teach kids
about sustainable consumption and deliver the positive message that
they can have an impact. The non-profit NGO that started this
particular caravan is runed by two people out of their homes.
There's a proposition circulating in our team to buddy up with a video
producer to make a video out of the trip. I'm pushing that it be
released under cc.
I'm trying to understand the full implications of the NonCommercial
option. I get a sinking feeling when I ask these question; I feel like
I'm trying to circumvent the law. But I want to fully know (legal
advice disclaimer included :-) ) the freedoms and responsibilities in
the following scenario so I may explain it to the best of my abilities
to the NGO, the cyclists and the producer.
On the FAQ: 'When other people use or trade or copy your work, they
cannot do so for "monetary compensation or financial gain," unless they
get your permission.'.
So my understanding is:
1. If we take music for the soundtrack that is NonCommercial, the
producer can't be paid to edit our footage, even though the video is
afterwards free as in free beer.
2. If we take music for the soundtrack that is NonCommercial, then the
producer cannot promote it in his portofolio because it may lead to
3. If we take music for the soundtrack that is
NonCommercial-ShareAlike, then so is the video. The NGO can't use
it for fundraising by charging an entry price into a room.
But taking item #3, and instead of charging an entry price into a room,
what happens with these diffrent "donation box" scenarios?
3.1 We don't talk about the donation box, it just sits there;
3.2 The donation box is not in the same room
3.3 We have another event before showing the movie, such as a potluck
3.4 We have the potluck first, with the donation box, but store it away
once the movie is playing (and we advertised the movie along with the
3.5 We have the potluck first, with the donation box, but store it away
once the movie is playing (but we only advertised the potluck).
Would appreciate any advice, even if it comes with a legal disclaimer.
I am also close to the University of Ottawa, so if the CIPPIC people
(Russell including :-) ) want to chat about this over a beer, that
would be fun. Spoken or written advice, whatever is better for you.
Merci beaucoup & à prochaine,
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