Skip to Content.
Sympa Menu

cc-licenses - Re: [cc-licenses] Need clarification: What is "commercial"?

cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • From: Jake McKee <jake AT countersinkdg.com>
  • To: James Grimmelmann <james AT grimmelmann.net>
  • Cc: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Need clarification: What is "commercial"?
  • Date: Wed, 02 May 2007 16:42:56 -0500

Thanks for the info, James. After reading through that info we're still assuming that "commercial" has been previous defined and agreed on. The flowchart, for instance, starts with "Is the user non-commercial".

Ok, so let's take this to a very specific, single question I regularly have:

"Can I use NC licensed images in a powerpoint presentation for work?"

If the answer is a flat no, simply because the usage is applied in a commercial setting, that seems like the NC license isn't very effective. After all, if you're lumping "commercial presence" together with "commerce", then the CC NC isn't doing a very good job of "clarifying intent" (which is how I view CC)

I've raised this question in years past and never heard much discussion about it. My question is simple: Why not create two NC attributes? One that covers any connection with commercial activity (i.e. if the content even touches business/commercial activity, it's in violation) and one that covers resale specifically.

Personally, for example, I don't care what happens with my photography, so long as someone doesn't resell it. To me, having a photo used for a personal web site isn't any different than having it used in a commercial PPT presentation or internal memo.

So I'm new to this CC discussion (not CC generally, however) - is there a better place for me to argue my case?

Thanks!
Jake

James Grimmelmann wrote:
Jake McKee wrote:
I'm trying to better understand the noncommercial attribution - namely, what is "commercial" usage?

Clearly reselling someone's work is "commercial", no questions there. But what about usage in commercial activity that isn't commerce? For instance:

- Using an image in a powerpoint slide for your business venture (or heck, even a non-profit)
- Using an image on a web site for your business or organization

Maybe I'm just not well versed enough in the legalities, but to me, that's a big huge part of the point of CC - making it easy enough that I don't have to be a lawyer to understand. :)

The definition of "commercial" is not definitively stated anywhere, but
CC has produced a set of guidelines that may be helpful:

http://creativecommons.org/weblog/entry/5752
http://wiki.creativecommons.org/DiscussionDraftNonCommercial_Guidelines

The CC wiki has s few more links related to the guidelines:

http://wiki.creativecommons.org/NonCommercial_Guidelines

including particularly a flowchart:

http://www.adamfields.com/CC-NC-allowed-uses-flowchart.pdf


The answer to your questions, according to the guidelines, are that a
business can never make a noncommercial use (unless it's merely helping
a nonprofit or a person to make a noncommercial use). The slide for the
nonprofit and the web site for a nonprofit are probably not commercial uses.

James








Archive powered by MHonArc 2.6.24.

Top of Page