[cc-community] question

Chris Sakkas sanglorian at gmail.com
Wed Jan 25 17:01:38 EST 2012


 Hi,

I think there are a few reasons why people haven't answered you.

The first is that most of us aren't lawyers, and even those of us that are
lawyers won't be able to give legal advice on a mailing list.

The second is that not all of these cases are clear cut. The NonCommercial
condition, in particular, is notoriously vague (see, for example,*free*
domdefined.org/Licenses/*NC*).

The third is that you could have asked more politely. Maybe introduce
yourself and talk a little bit about why you're asking these questions.

However, I'll try to answer you - but I am not a lawyer and this is not
legal advice.

1. CC NC.
The key sentence here is "You may not exercise any of the rights granted to
You in Section 3 above in any manner that is primarily intended for or
directed toward commercial advantage or private monetary compensation"

1.1. Yes. You're not exercising the permission to copy for commercial
advantage or compensation.
1.2. I'm not sure I catch your meaning. If you mean, 'Go to a specific
store (that I might have a commercial interest in) and buy only from that
store' then I suspect that would violate the NC terms. The copying here is
really being used as a carrot to encourage a purchase; it is 'intended for
... commercial advantage'.
1.3. This is a tricky one, but I think it would be acceptable if you
charged no more than the cost of the CDs you used. The licence uses the
term 'private monetary compensation', and paying you for the CDs is
compensation. However, I think that term is directed at compensation for
the time/effort/opportunity cost of performing the copying itself; what's
happening here is that they're compensating you for CDs and whether there
is content on those CDs or not is immaterial.

2. CC ND.
2.1. Yes. "The above rights include the right to make such modifications as
are technically necessary to exercise the rights in other media and formats"
2.2. Yes. That would qualify as "Reproduc[ing] the Work".

3. CC NC-ND
3.1. There are two separate issues here: whether you can legally rip it to
DVD and whether you can ask payment for ripping it to DVD. The answer to
the former is yes (you are "exercis[ing] the rights in other media") and
the answer to the latter, I strongly suspect, would be no. It seems to me
that you are asking to be compensated for your time/effort/opportunity
cost, and that would be forbidden "private monetary compensation".

Cheers,

Chris



On 24 January 2012 01:11, Musekp co cc <musekp.co.cc at gmail.com> wrote:

> i like a video (like flv or 3gp codec) or audio (like mp3 or wav)
> reply for example: (1.1 yes)
>
> 1) with cc-nc:
> 1.1) can i say: buyme cds for copy the music to you
> 1.2) can i say: go to buy there some cds for copy the music to you
> 1.3) can i say: getme money and i go to buy some cds for copy the music to
> you
>
> 2) with cc-nd:
> 2.1) can i say: i convert to you for play on ogg or webm format
> 2.2) can i say: i will download the flies and save in cd or usbdrive
>
> 3) with cc-nc-nd
> 3.1) can i say: i payme and download from the internet an rip the video to
> a dvd
>
> thanks
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