Development of Creative Commons licenses

[James Grimmelmann <james AT grimmelmann.net>]

Jonathon Blake wrote:
> Jake wrote:
> 
>> I'm trying to better understand the noncommercial attribution
>> what is "commercial" usage?
> 
> Unfortunately, there is no definition for either "commercial", nor
> "non-commercial".   The immediate result of that, is that "commercial"
> usage gets defined to exclude whatever the licensor wants it to
> exclude.
> 
>> - Using an image in a powerpoint slide for your business venture (or
>> - Using an image on a web site for your business or organization
> 
> The CC Guidelines state that usage by an organization that is not 501
> 3 (c) or an individual is "commercial".  [Which also means that your
> local government can't use the material either.]

There are governmental uses that would clearly be commercial (e.g. the
government is selling copies), and governmental uses that would clearly
not be (e.g. as an illustration during a speech on the floor of the
House of Representatives).  The line between when the government is
acting commercially and isn't is badly defined in general, not just
here.  It would probably be worth amending the guidelines to note that
some parts of government can be allowable non-commercial users, but that
others can't.  Trying to take a position on which is which would be an
impossible task.

James