[cc-community] (yet another) NonCommercial question...

Tim Cowlishaw tim at timcowlishaw.co.uk
Fri Jan 11 07:16:41 EST 2008


Hi all,

Have just been discussing an interesting point with some colleagues  
and thought I might seek some clarification: Say I was to write a  
blog entry reviewing a concert, for instance, and used a photo of the  
performance found on Flickr under a BY-NC licence in order to  
illustrate it. I make no material gains at all from my blogging  
(monetary or otherwise), and therefore should be able to safely  
consider myself a NonCommercial entity in this case. However (and  
here's the tricky part) My blog is hosted by a company whose ToS  
require me to grant them a world-wide, nonexclusive licence to use  
the work hosted upon their service, (which includes commercial use).  
I clearly don't have the right to grant this licence to the hosting  
company, so, am I correct in assuming that I can't use the BY-NC  
photo to illustrate my article, even though my own use of it does not  
contradict the terms of the licence?

Cheers,

Tim



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