[cc-community] iTunes By-SA distribution?

Emma Carpenter emma.k.carpenter at live.com
Wed Aug 21 13:08:43 EDT 2013


Now that's a very interesting question. CC actually commissioned a study 
on how the NC term should be interpreted, and what is or isn't 
considered commercial use, available in all its 255 pages of glory here: 
http://mirrors.creativecommons.org/defining-noncommercial/Defining_Noncommercial_fullreport.pdf

I read parts of the study as side research for my thesis a few months 
ago, so my knowledge of it is far from comprehensive, but the question 
of whether or not the hosting of content on an ad-supported site counts 
as commercial use was one that wasn't very well resolved.

I do remember being surprised by how many respondents to one part of the 
surveys said that such use was, by definition, commercial. As an admin 
of a very large site, which uses ad revenue to pay the server rent but 
makes no profit, has no paid staff, and provides no paid services or 
content, I was baffled by the suggestion that anything we do - which 
could include using CC licensed works, although we don't do so at 
present - would be considered commercial by default. On the other hand, 
a site which is run as a profit-making venture, and where ads are used 
as a source of pure revenue, would seem to me to be a very different story.

All of this is just my impression, though - as anyone brave enough to 
read the study will see, there's very little clarity on whether or not 
this type of use is prohibited by NC licences. That is, in fact, one of 
the major criticisms of CC in academic circles.

Emma Carpenter

On 21/08/2013 4:57 PM, Eric Hellman wrote:
> Interesting site. It looks like Minds.com takes CC NC content and puts its own advertising on it. Does the community feel this is a acceptable non-commercial use?
>
> Eric
>
> Eric Hellman
> President, Gluejar.Inc.
> Founder, Unglue.it https://unglue.it/
> http://go-to-hellman.blogspot.com/
> twitter: @gluejar
>
> On Aug 21, 2013, at 8:26 AM, John Ottman <john at minds.com> wrote:
>
>> You might look at http://www.minds.com which is a fast growing social site that is committed to creative commons license structures allows only free content.
>>
>> John
>>
>> On Aug 21, 2013, at 3:26 AM, "David" <aristegui at nodo50.org> wrote:
>>
>>> I'm not an expert, but this project seems to be interesting
>>> http://en.wikipedia.org/wiki/ONErpm
>>>
>>> David
>>>
>>>> Hi all,
>>>>
>>>> I'd like to get a CC By-SA work distributed through more conventional
>>>> channels, like iTunes, so that it will be more discoverable by people
>>>> who are not already in the "free culture bubble".
>>>>
>>>> I was looking into publishing on CDBaby as a way to do that, but a
>>>> fellow free-culture artist has told me that there were a lot of
>>>> problems with them doing obnoxious things like issuing DMCA takedowns
>>>> to "defend" the rights on the work. I don't want that to happen to us.
>>>>
>>>> So I'd like to find a distributor who can put works on download /
>>>> streaming services like iTunes who understands the nature of free
>>>> licenses.
>>>>
>>>> Does that even exist? Does anyone have a recommendation?
>>>>
>>>> Thanks!
>>>> Terry
>>>>
>>>> --
>>>> Terry Hancock
>>>> Producer/Director - "Lunatics!" Project - http://lunatics.tv
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