[cc-community] Assocation & advertisement
Gavin Baker
gavin at gavinbaker.com
Thu Nov 29 02:32:23 EST 2007
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Olivier,
Content created by your association can be used by the association for
commercial purposes (advertisements) with a non-commercial license. The
license involves only the grant of rights to others; the creator holds
all rights unless he transfers them. CC licenses are not a transfer of
rights (an exclusive and irrevocable license), but a non-exclusive
license. So you can use the NC license for your own content with no
concerns.
However, you can't use content licensed by others as non-commercial in a
commercial situation. So if users are contributing to your wiki under NC
terms, they have to grant you the right to make commercial use. For
instance, the terms for the wiki might say "By contributing, you agree
to license your contribution under CC BY-NC-SA and to grant a
non-exclusive, irrevocable right for the association to use your
contribution commercially."
However, once you release any content to the public under BY-NC-SA, any
derivatives must be similarly licensed. If you, in turn, wish to
incorporate those derivatives into your work, you will only have the
rights granted under the license -- you will not be able to make
commercial use of the derivative.
I am not a lawyer, and I will leave it to the others on the list to tell
me if I'm wrong :)
Regards,
- --
Gavin Baker
http://www.gavinbaker.com/
gavin at gavinbaker.com
Olivier Croquette wrote:
> Hi all
>
> We are an "official" association in our country, which means that our
> activity must not serve the private interest of the participants. All
> earnings must be invested again with respect to the official goal of the
> assocation.
>
> We want to have a Wiki, and are considering the CC for the content.
> However, on our current site, we have some ads (banners) for partners
> already. Like stated above, all earnings are used for the association
> and its goals, typically paying the servers and the bandwidth.
>
> My question is: is that considered a commercial use, and prohibited by a
> license like http://creativecommons.org/licenses/by-nc-sa/3.0/ ?
>
> On the other hand, we don't want to choose a license which allows
> commercial use, because we want to protect ourselves and our
> contributors from seeing the works used for commercial purposes by a
> third party.
>
> We are considering a double license between the authors and the assocation:
> - a normal CC, non commercial
> - another one which allows specifically the association to use the work
> in conjunction with ads, with the conditions that the earnings go to the
> association
> The works would be published with the CC, but any change would have to
> be published under both.
>
> Is that possible? a good idea?
> I can imagine that other people out there have the same kind of
> situation. What solution did they find?
>
> Thanks for your help
>
> Best regards
>
> Olivier
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