[cc-community] Assocation & advertisement

Gavin Baker gavin at gavinbaker.com
Thu Nov 29 04:43:13 EST 2007


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Olivier Croquette wrote:
> Selon Gavin Baker <gavin at gavinbaker.com>:
[...]
> What I am still not sure of, is if the advertisement by a non-profit 
> organization is really considered commercial activity.

The "Draft Non-Commercial Guidelines" would suggest that it is a
commercial use:

http://wiki.creativecommons.org/DiscussionDraftNonCommercial_Guidelines
> B.(3) Is the NC-licensed work being used in connection with
> advertisements for third party products or services where the
> NC-licensed work is the primary draw or a is substantial amount, both
> qualitatively and quantitatively? For example, does a podcast
> consisting solely of CC BY-NC-SA licensed music have ads for a record
> store at the start and end of the podcast.
> 
> (i) Yes - license violation; this is not a noncommercial use.

I don't know how authoritative, if at all, those guidelines are. I guess
that, where license terms are undefined, it would be up to a court to
interpret what they mean.

- --
Gavin Baker
http://www.gavinbaker.com/
gavin at gavinbaker.com
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