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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: jbn AT forestfield.org (J.B. Nicholson-Owens)
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: backgroundmusic in shops
  • Date: Wed, 21 Jan 2004 12:32:22 -0600

Wouter Vanden Hove wrote:
> 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.

I don't think that jibes with most people's interpretation. I think for
most people if your store is a commercial enterprise and you play music in
the background you are trying to keep the would-be customers entertained
while they shop so they'll stay in the store longer and shop more. The
ultimate goal of the action is directed at increasing profit, so it's a
commercial use of the music.

> 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?

You, as the copyright holder to this theoretical CC-licensed music, can
always choose not to sue. But I doubt others would choose not to sue. In
that cow case it seems clear to me you are definately playing the music for
commercial gain. More milk production means more milk to sell.




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