Skip to Content.
Sympa Menu

cc-licenses - Re: [cc-licenses] NonCommercial and ads

cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • From: Mia Garlick <mia AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] NonCommercial and ads
  • Date: Fri, 2 Feb 2007 08:30:29 -0800

at the risk of beating a dead horse more, under the Discussion Draft NC Guidelines, the use of ads in conjunction with NC content depends on how prominently the content was used in conjunction with the ads.

also, if it for a service provider, it may come with the service provider exception...

http://wiki.creativecommons.org/NonCommercial_Guidelines

On Feb 2, 2007, at 8:05 AM, Andres Guadamuz wrote:

These are my opinions based on my personal understanding. IAAL.


Michael Welp wrote:

If a piece of text is licensed under a NC-license, is one allowed to put
that text on a web page with ads?

For example, someone released an article about tomatoes under a
NC-license. I like that article and put it on my website. There are ads
displayed on my website, for example, Google AdSense:


In my opinion, yes, it would infringe the licence.

1. If I placed the ads on the website and receive the revenues, would
that violate a NC-license?

I also think this would violate the licence's terms.

2. I use a free web hosting service. The business model of the web
hosting company is to offer free hosting and to place ads on the free
websites to make money.

This is a borderline case, as you are not the one who is obtaining
commercial gain.


3. The ads are independent from the licensed text, e.g. the text is
about tomatoes and the ads are about computer software. Violation?

I do not understand this, subject matter has nothing to do with
commercial use or not.


4. The ads refer to the licensed text. For example, Google AdSense works
this way: the content of a web page is analyzed and then matching ads
are automatically displayed. For example, ads about tomato soup, how to
grow tomatoes, etc.

Again, subject matter of the ads is completely irrelevant to the
commercial use.

PS: Sorry if my English reads not that smooth -- English is not my
mother tongue.

Same here :)

Regards,

Andres

--
Andres Guadamuz
AHRC Research Centre for Studies in
Intellectual Property and Technology Law
Old College, South Bridge
Edinburgh, EH8 9YL

Tel: 44 (0)131 6509699
Fax: 44 (0)131 6506317
a.guadamuz AT ed.ac.uk
http://www.law.ed.ac.uk/ahrb/

IP/IT/Medical Law LLM by Distance Learning
http://www.law.ed.ac.uk/distancelearning/
_______________________________________________
cc-licenses mailing list
cc-licenses AT lists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/cc-licenses





Archive powered by MHonArc 2.6.24.

Top of Page