Skip to Content.
Sympa Menu

cc-licenses - is there something like "unintended commercial benefit" ?

cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • From: "Joachim Traun" <joachim.traun AT viennashorts.com>
  • To: <cc-licenses AT lists.ibiblio.org>
  • Subject: is there something like "unintended commercial benefit" ?
  • Date: Fri, 26 Nov 2004 13:44:00 +0100

A few general questions about cc-licences:
 
I am writing for an online-independent-movie magazine.
 
Many independent filmmakers are shooting their movies without any intend to sell them afterwards, or to gain money from them. Unfortunately it is not legal anyway to use "all rights reserved" music (without having the rights, which are for non-profit productions unaffordable) for your movie as soon as you only screen it publicly, even if you're not gaining anything from that.
If I understand the licences correctly, if the music is issued under the "noncommercial-cc-licence" (or "Attribution", but that is clear anyway) there should be no legal problem, screening the movie in public as long as you don't gain money from it.
 
To me the more important questions are:
 
1. Is the including of a piece of music in a movie a derivation of the original work even if the work is left untouched?
 
2. If the music is issued under noncommercial-license, is it legal to enter festival-competitions with your movie? Because if you would win something that would be "commercial benefit", or wouldn't it?
 
3. Are the "royalties" for commercial use of "non-commercial"cc-music fixed or is that different. Do I have to ask the author directly, or is there anyone else I could contact? Or is that ASCAP anyway
 



Archive powered by MHonArc 2.6.24.

Top of Page