Question about possible use of NC works
zotz at 100jamz.com
Sun Apr 10 16:15:58 EDT 2005
I appreciate your thoughtful reply. So far, it is the only one. Here is the
thing, if it is indeed this complex, and I fear it may be, the only safe
thing I see to do is to leave all NC works out of the picture. Which is a
shame, but when there is possible jail time and hugh statutory fines possible
for copyright violations, it is not the time to take chances.
So again, I think NC is not spelled out clearly enough to be safe to use in
many cases. Am I off base here?
On Sunday 10 April 2005 03:44 pm, wiki_tomos wrote:
> Hi. I thought your idea was interesting, so I spent some time pondering
> how it would relate to the license terms.
> I think your central question is if that idea falls into the
> "any manner that is primarily intended for or directed toward commercial
> advantage or private monetary compensation." (CC-by-nc 2.0 4-b)
> It has to do with many factors in details of the way the plan is executed,
> and intention of the family that we can understand from those details,
> I guess.
> Is it intended to be a community service of a kind - to nuture local
> music culture, for example? If so, that is more likely
> to be okay. Or is that a way to attract potential customers to the
> store as opposed to competitors' stores?
> If the project is personally financed by the store-owner's private money,
> that would perhaps be safer. The store is generously providing a floor
> space and technical support to the general public.
> On the contrary, if the company's advertisement expense covers the
> cost (of the computer, help people's wage, etc.) that would be more
> likely to be in violation of the license terms.
> The way the plan is announced and explained to the public would also
> make a difference, I suppose. The announcement can advertise how good
> the quality of the songs are, for example, but not how good the store is,
> Profit from the sales of blank media is another concern, I would imagine.
> Is it enough for the family to simply to say "we intended to make no
> profit out of this, but people ended up buying some blank CDs, and
> we made profit out of it"? Or should there be some reasonable measures
> taken by the store to make sure the users of the service can obtain
> CDs elsewhere, like from a nearby store, etc.? If the latter is the case,
> how much effort is enough effort? Or, I speculate, profit from blank
> media sales associated with the program should go to fund that particular
> project or other charitable cause so that it will not remain as profit?
> Or, taken to its extreme, should the store stop carrying blank media,
> and possibly CD-burners altogether?
> I am sorry that I ask questions instead of answering your question.
> I am not a lawyer, so I cannot answer some of the questions that comes into
> my mind related to this. And the answers or suggestions I made are
> quite possibly wrong.
> Best regards,
> ----- Original Message -----
> From: drew Roberts <zotz at 100jamz.com>
> To: Discussion on the Creative Commons license drafts
> <cc-licenses at lists.ibiblio.org> Sent: Sat, 9 Apr 2005 12:21:20 -0400
> Subject: Re: Question about possible use of NC works
> >I have mentioned before that I am wary of the NC licenses. Now I have
> > thought of a use I might like to suggest to a family business for CC
> > works and the NC works may or may not be usable and I would like
> > input/thoughts.
> >There is a furniture business in the family. They have a department that
> > sells home entertainment, pro audio, and musical instruments. My idea,
> > and I don't know if they will bite, it so provide a PC with a burner in
> > the store loaded with music that the public could access and burn CDs for
> > themselves. They could bring their own CDs or the store could sell them
> > some. (Currently the store does not sell blank media.
> >My thought is there would be no charge for the use of the machine and any
> >member of the public could come in and avail themselves of this. They
> > would not have to be paying customers and there would be no ties or
> > obligations.
> >I figure CC BY, BY-SA, and BY-ND works are cool for this use. What about
> >BY-NC, BY-NC-SA, and BY-NC-ND? Would this be considered primarily a
> >commercial use?
> >If this would not cross the line, are there any gotchas that we would need
> > to be careful of? That is, things vwery similar that would cross the
> > line?
> >all the best,
> >cc-licenses mailing list
> >cc-licenses at lists.ibiblio.org
> cc-licenses mailing list
> cc-licenses at lists.ibiblio.org
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