[cc-licenses] Proposed Non-Commercial Guidelines
Mia Garlick
mia at creativecommons.org
Tue Mar 7 18:52:35 EST 2006
hey jonathan,
On Mar 7, 2006, at 3:41 PM, Jonathon Blake wrote:
> Rob wrote:
>
>> I think that the CC NC guidelines are very good, and I'm very glad
>> CC are producing them.
>
> They are slightly clearer than the "old" guidelines".
what are the "old" guidelines?
>
> The three issues I have with them are:
> i) A. (1.) (c) defines "allowable NC User" as a non-profit
> organization. The footnotes specifies IRS 501(c)(3), and then tosses
> out six of the ten types of groups.
i attempted to respond to your earlier comments on this in this
posting: http://lists.ibiblio.org/pipermail/cc-licenses/2006-March/
003308.html which was a bit long so let me recap:
as regards excluding religious organizations given the US definition
of a not for profit org excludes political organizations, the
thinking was that there are three things one should not talk about in
polite society - politics & religion being two of them. if the
community believes that either or both political nonprofits &
religious nonprofits should be able to use NC-licensed works, then
let's change the guidelines to reflect this.
the others were not referred to because they were so specific &
arguable come within the category of being charitable orgs. but again
- all this can be changed if the community feels necessary &
appropriate....
>
> ii) D 1. (d) which allows an organization to "sell" material, as part
> of its membership drive. I'm guessing that the idea here is that your
> local NPR affiliate can print out a book, and give away copies, during
> their begging for money week. I can easily see happening, is that an
> organization prints up the material, and proceeds to "sell" it, under
> the guise of calling it a "membership" premium. The shadier the
> organization, the more likely this is to occur.
>
so i also responded to this in the longer posting - short version:
offering access to free content in exchange for premium membership
renders access conditional upon payment, not optional & thus a breach.
> iii) An organization that does not have 501(3)(c) status with the IRS
> is automatically considered to be using it "commercially." This
> effectively eliminates all usage of NC licenced material by government
> agencies.
>
the intent is not to focus on s501(3)(c) because these guidelines are
intended to have global reach. we looked to that for guidance &
welcome your suggestions & guidance in return. the point you raise
about government usage is a good one. it's not an issue that i have
seen discussed in conversations about noncommercial use - how should
we deal with it?
> ###
>
> For all practical purposes, A. (1) (b) is a subset of A (1) (c), and
> can be deleted.
>
> xan
>
> jonathon
> --
> Ethical conduct is a vice.
> Corrupt conduct is a virtue.
>
> Motto of Nacarima.
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