[cc-licenses] Defining Non Commercial/ Commercial Rights Reserved for clarity
zotz at 100jamz.com
Tue Apr 17 10:49:15 EDT 2012
On Monday 16 April 2012 17:17:35 Andrew Rens wrote:
> On 16 April 2012 12:11, drew Roberts <zotz at 100jamz.com> wrote:
> > On Saturday 14 April 2012 22:39:59 Anthony wrote:
> > > On Fri, Apr 13, 2012 at 4:24 PM, Andrew Rens <andrewrens at gmail.com>
> > wrote:
> > > > Proposed Definition: commercial use is the transactional use of the
> > work;
> > > > that is selling, bartering, or letting the copyright work or
> > > > including the work in a paid for advertisement (and the like).
> > >
> > > That would be quite a change. Bartering is explicitly allowed in 3.0.
> > Not for other sorts of goods surely. You can't barter a bunch of NC songs
> > for
> > a steak dinner can you? (Per the license, not as a practical matter.)
> Para 4.b. of v3 states "The exchange of the Work for other copyrighted
> works by means of digital file-sharing or otherwise shall not be considered
> to be intended for or directed toward commercial advantage or private
> monetary compensation, provided there is no payment of any monetary
> compensation in connection with the exchange of copyrighted works."
> >From this one could claim that version 3.0 currently implicity prohibits
> exchanging the Work for other things such as physical artefacts, cellular
> airtime (widely used as a de facto currency in many developing countries),
> services, trademarks, patent licences etc.
> However that is not explicit.
> Bartering is by definition not "intended for
> or directed towards private monetary compensation". The question that then
> arises is whether all bartering (other than of copyright works) is
> "intended for or directed toward commercial advantage".
I would think it is more is *some* bartering (other than of copyright
works) "intended for or directed toward commercial advantage".
If some is then bartering is not allowed in all cases. Correct?
Explicit might be better.
all the best,
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