[Cc-ch] using CC

Claude Almansi claude.almansi at bluewin.ch
Thu Jun 2 19:34:34 EDT 2011

Hi Raphaël

Kim Tucker already answered your first questions:

2011/6/1 Grolimund Raphaël <raphael.grolimund at epfl.ch>:
> (...)
> * One use case (http://wiki.creativecommons.org/SGAE_v._Fernandez) made me
> wonder how you can attribute the music you play, e.g. in a bar, to the
> artists or bands who released the songs under liecense CC (like it seems to
> be in the given use case) ? How can people who listen to the music know
> who’s the artist they are earing ?
> * My second question is related to the CC-BY-NC license. I understand that
> advertisement is considered as a commercial us.
> But what if a picture is used for an advertisement for a non-profit
> organisation with ROI or any financial income, is it still considered as a
> commercial use ?
As to:
> * My last question is about law suits in Switzerland. They are uses cases
> around the world, but I didn’t find any case in Switzerland involving
> Creative Commons license.

Not quite a lawsuit, because the parts settled amicably, but a legal
procedure:  in 2006, the Swiss gratis-but-commercial daily Heute took
up a post from the blog Züri Berlin, under a
<http://creativecommons.org/licenses/by-nc-sa/2.0/de/> license. Sarah
G., the author, advised by the Swiss OpenLaw team, wrote Heute that
this was a violation of her license. Heute tried first to argue that
their reuse was allowed by art. 25 (citations) of the Swiss copyright
law, but in the end they agreed to pay her CHF 50.- per line of the
quoted text.
See <http://zueri-berlin.blogspot.com/2006/09/blog-recycling-in-gratiszeitung.html>
and <http://zueri-berlin.blogspot.com/2006/11/creative-commons-happy-end.html>.
If I remember correctly, there was also a comment by someone of the
international Creative Commons team, but I lost the link and can't
find it via Google.

That's the only instance I remember, at least.



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