[cc-community] non-commercial use questions

Nic Suzor nic at suzor.com
Sun Apr 27 09:38:07 EDT 2008


On Sun, 2008-04-27 at 11:07 +0200, Jamison Young wrote:
> http://wiki.creativecommons.org/DiscussionDraftNonCommercial_Guidelines
> 
> 
> -Songwriter makes song and puts that song on their website with a
> non-commercial creative commons licenses. Video maker finds the song
> and makes a video using the songwriters song. Video maker puts the
> video onto a web service that generates its income through advertising
> revenue. In the terms and conditions that the video maker agrees to
> when they upload that video to that web service -the video maker
> agrees that no royalty shall be paid to the video maker when the web
> service uses the video makers video in conjunction with advertising.

Clearly not non-commercial - the web service is in breach of the
licence, if they are using the song under the terms of that licence. If,
on the other hand, the filmmaker has allowed the web service to use the
video under another licence, the filmmaker is in breach of the CC
licence on the song.

> 
> -Songwriter makes song and uploads the song to a web service that
> splits proceeds from the advertising revenue received 50/50 between
> the song and the web service. Songwriter licenses the song using a
> non-commercial creative commons license on that website. A performer
> hears the song and records their version of that song, the performer
> then uploads that version of the song to the same site under the same
> license. Revenues are split 50/50 with the performer and the
> web-service.

Not non-commercial, in breach of the licence - there is nothing
inconsistent with the songwriter doing what they like (i.e., making
money) from the song but restricting others from doing the same thing.

Cheers,


Nic

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