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cc-licenses - RE: backgroundmusic in shops

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Subject: Development of Creative Commons licenses

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  • From: Wouter Vanden Hove <wouter.vanden.hove AT pandora.be>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: RE: backgroundmusic in shops
  • Date: Wed, 21 Jan 2004 11:35:22 +0000

Op wo 21-01-2004, om 09:11 schreef Melanie Dulong de Rosnay:
> Hello,
>
> We have the same question while translating CC licences into French.
> Background music in a shop is usually considered as a commercial use, so I
> think that CC-licensed music can be displayed for free in a shop only if the
> license is *not* "non commercial", i.e. the 5 other ones.


the CC Non-commercial clause:
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. 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.


My interpretation of this was:

You can use non-commercial CC-work as background-music in shops,
as long as you don't have to pay to enter the shop. They don't "sell"
the music.

But a commercial dancing that plays music where people pay entrance to
come and dance, would constitute commercial use of the CC-work.

Last year, there was some copyright-news from Scandinavia (Finland?)
about taxi-drivers that had to pay royalties if they had their radio on
while having passengers in the backseat.
http://www.theage.com.au/articles/2002/12/04/1038950081872.html
http://news.bbc.co.uk/2/hi/europe/2542291.stm

And singing scouts girls was considered a commercial use in the US,
right?

I don't see any difference in background music in a shop,
a taxi, a doctor's waiting room, or a summer camp.

Suppose a farmer makes his cows listen to music
to make them more productive.
Would you sue him if he used your CC "BY-NC"-licensed Music?

Not by me.


Wouter Vanden Hove
wwW.opencursus.org
www.vrijschrift.org


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