[cc-community] What does NC means?
jonathon.blake at gmail.com
Sat Sep 15 21:09:14 EDT 2007
>- By using a CC licence we indicate the songbook is free (libre)
The CC-NC-ND is not libre. It is a "your rights removed" license
that falsely masquerades as "free".
The current Creative Commons Foundation Guidelines on what "Non
Commercial" means, suggests that religious organizations may not use
NC material --- even if they have 501(c)3 status.
>- because the authors didn't wanted others using the songbook or
hymns for profit.
There is a theory that allows a 501(c)3 to sell the hymnal for a
profit, and still be "non commercial".
There is a second theory that equates "non commercial" with "will not
make a profit". By that standard, the vast majority of movies that
Hollywood releases each year are "non commercial". (Hollywood movie
accounting is designed to show a net loss.)
A variant of that theory equates "non commercial" with "may not make
A forth theory of "non commercial" is "may recoup expenses, but
nothing more than that".
A fifth theory of "non commercial" is "may not recoup any expenses".
A sixth theory of "non commercial" is "outside of a commercial context".
Only with latter two theories, is their the possibility that one will
not recoup more than one spent, and hence show either a net, or a
> That also meant to us no advertising.
> For example, if a for-profit entity wants to sponsor the copies of the songbook, that's fine, but they are not allowed to put advertisements,
Differentiate "advertisement" from "sponsorship""
There are a half a dozen ways for a for-profit organization to get
their name in such a hymnal. "Hark the Herald Angels sing, Beacham's
Pills are just the thing" isn't the only way that an advertisement can
be placed in a hymnal. (More to the point, that line, and the other
lines in that hymnal were placed there, purely because the church that
ordered the hymnal did not want the name of the organization that paid
for the printing to be acknowledged,much less mentioned in it.)
>or example, in the back of the songbook, if that is to promote sales
for their business.
> - ND
This could also be a problem. Depending upon definitions, a minor
alteration in arrangement could constitute a derivative work. (EG:
Having a soloist sing the alto part, instead of several altos singing
>Because each hymn is going to undergo a validation process.
What does the validation process consist of?
* Getting rights from the arranger of the music;
* Getting rights from the composer of the music;
* Getting rights from the lyricist of the hymn;
* Something else;
If everything in the hymn is PD, then the CC license is claiming a
right that copyright law does not grant;
If something from the hymn is not PD, then the copyright owner(s)
needs to explicitly designate the CC license;
> Once the hymns are approved, changes to the lyrics or melodies are not allowed.
Thereby preventing translation of the material.
It also prevents a rearrangement that might be more suitable for the
church. (Example: Recasting it for a "contemporary worship service",
or for a pipe organ.)
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