[cc-community] Is a donation commercial?

Julien Lamarche julien at jlam.flora.ca
Tue Jan 18 09:26:21 EST 2005


Bonjour à tous,

 I'm new to this list, but I've talking about cc to my friends for a 
while now.  For example, the NGO mentioned here, I asked if they could 
put their website under cc and they accepted it pretty quickly.


 I'm part of a cycling caravan that will cross Canada to teach kids 
about sustainable consumption and deliver the positive message that 
they can have an impact.  The non-profit NGO that started this 
particular caravan is runed by two people out of their homes.  


 There's a proposition circulating in our team to buddy up with a video 
producer to make a video out of the trip.  I'm pushing that it be 
released under cc.

 I'm trying to understand the full implications of the NonCommercial 
option.  I get a sinking feeling when I ask these question; I feel like 
I'm trying to circumvent the law.  But I want to fully know (legal 
advice disclaimer included :-) ) the freedoms and responsibilities in 
the following scenario so I may explain it to the best of my abilities 
to the NGO, the cyclists and the producer.


 On the FAQ: 'When other people use or trade or copy your work, they 
cannot do so for "monetary compensation or financial gain," unless they 
get your permission.'.

So my understanding is:
1. If we take music for the soundtrack that is NonCommercial, the 
producer can't be paid to edit our footage, even though the video is 
afterwards free as in free beer.
2. If we take music for the soundtrack that is NonCommercial, then the 
producer cannot promote it in his portofolio because it may lead to 
other contracts.
3. If we take music for the soundtrack that is 
NonCommercial-ShareAlike, then so is the video.  The NGO can't use 
it for fundraising by charging an entry price into a room.


But taking item #3, and instead of charging an entry price into a room, 
what happens with these diffrent "donation box" scenarios?

3.1 We don't talk about the donation box, it just sits there;
3.2 The donation box is not in the same room
3.3 We have an another event before showing the movie, such as a potluck
3.4 We have the potluck first, with the donation box, but store it away 
once the movie is playing (and we advertised the movie along with the 
potluck)
3.5 We have the potluck first, with the donation box, but store it away 
once the movie is playing (but we only advertised the potluck).


Would appreciate any advice, even if it comes with a legal disclaimer.  



Merci beaucoup & à prochaine,

Julien
-- 
Education, privacy, freedom of speech, consumer rights, culture, 
innovation and security are all affected by proposed changes to 
copyright law
http://www.cippic.ca/en/projects-cases/copyright-law-reform/truth.html




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