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

Burobjorn burobjorn at gmail.com
Fri Jan 11 08:14:54 EST 2008

IANAL this is not legal advice, but I would very much doubt if these ToS 
are realistic and will be held up in court. Nonetheless quite an 
interesting question and I'm curious to what the lawyers have to say 
about this.


Tim Cowlishaw wrote:
> 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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> cc-community at lists.ibiblio.org
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met vriendelijke groet,
Bjorn Wijers

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