[cc-community] Is a donation commercial?

Julien Lamarche julien at jlam.flora.ca
Thu Jan 20 13:56:17 EST 2005


Bonjour,

 Here's one reply I got permission to forward.  Perhaps some people may 
build upon this and affirm or infirm his interpretation of the 
NonCommercial option.


----------  Message de Ryan McGregor transféré  ----------

Subject: Creative Commons
Date: Tue, 18 Jan 2005 23:43:28 -0700
From: Ryan McGregor <ryan_mcgregor at shaw.ca>
To: julien at jlam.flora.ca

Hello.

First of all remember that I am not a lawyer.
This is just my interpretation of the license and my opinion.

"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."

No, I do not believe this to be true for a couple of reasons. The
 producer is being paid to edit the footage, not to redistribute it. So
 therefore, he is making a profit from his work (ie physical work) and
 not from the video directly. A relevant comparison would be the
 Mozilla Foundation. They currently have 16 paid employees, but they
 are still considered a non-profit organization and have tax exempt
 status in the United States.

"If we take music for the soundtrack that is NonCommercial, then the
producer cannot promote it in his portfolio because it may lead to
other contracts."

No, this is not true. If you volunteer at a non-profit (where it is
 illegal for them to sell services in certain jurisdictions as far as I
 know) you can still use that experience legally on a resume. In this
 case, the producer would be benefiting from his hard work and gained
 experience, not from the original work itself.

"If we take music for the soundtrack that is
NonCommercial-ShareAlike, then so is the video.  The NGO can't use
it for fund raising by charging an entry price into a room."

This, in my opinion, is also not a problem for you. Here is a direct
 quote from the Creative Commons Attribution-NonCommercial-Sharealike
 2.0 License. "You may not exercise any of the rights granted to You in
 Section 3 above in any manner that is primarily intended for or
 directed toward commercial advantage or private monetary
 compensation."
You are not collecting this money for a commercial advantage, as it is
 for charity. Also, it is not for private monetary compensation, since
 you are in turn using this money to benefit society as a whole, not
 because you want to make a couple bucks.

If you are still worried, I would recommend contacting any valid
 copyright holders.

Anyways, again, good luck to you.

Ryan

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