[cc-licenses] NC Proposal No. 12: clarifying noncommercial

Heather Morrison hgmorris at sfu.ca
Tue May 8 12:46:05 EDT 2012

As a reminder, proposals for NC 4.0 can be found on the wiki. It might be helpful to move discussion forward to refer to the proposals on the wiki, or to create new ones for discussion.

My proposal to clarify noncommercial addresses a number of the questions coming up in discussion in recent days (from my viewpoint). Does anyone have specific feedback on this proposal? 

NC Proposal No. 12 (Heather Morrison): NC Proposal No.12 Define NC to specifically allow educational uses. "(f) NonCommercial means not intended for re-sale or re-use of the Licensed Work for private monetary compensation (for example, as a means to attract advertising revenue). For purposes of this Public License, the exchange of the Licensed Work by digital file-sharing or similar means is NonCommercial provided there is no payment of monetary compensation in connection with the exchange. For the avoidance of doubt, educational use - teaching and learning - is Noncommercial, and permitted by this Public License, while including the content in a package intended for sale to educational institutions for profit is Commercial, and prohibited by this Public License.

Web-based or other discovery services that rely on advertising revenue, such as search engines, may use advertising IN CONNECTION WITH THEIR SERVICES in connecting searchers to this content; this does not constitute commercial use of the content. Advertising that constitutes exploitation of the content for commercial purposes, such as advertising inserted into a derivative, advertising that readers are forced to watch before viewing the content, creating the impression of sponsorship, or advertising that implies that the creator endorses the advertised product, constitutes commercial use and is prohibited by this license."

I would also like to point to NC Proposal No. 9 (Brian Carver), to: "Create a new CC license, NC-EDU, that prohibits non-commercial uses, but allows educational uses".

Both 12 and 9 address a desire for NC without impeding educational use. The main difference between the two approaches is that one creates a new license (#9), while the other clarifies the NC definition (#12).


Heather Morrison

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