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cc-licenses - [cc-licenses] noncommercial guidelines draft: can I take this to the bank?

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Subject: Development of Creative Commons licenses

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  • From: <erostratus2004-cc AT>
  • To: cc-licenses AT
  • Subject: [cc-licenses] noncommercial guidelines draft: can I take this to the bank?
  • Date: Tue, 4 Sep 2007 11:31:51 -0700 (PDT)

Hi, I have looked through this list for thoughts about commercial use vs. noncommercial use with regard to advertising.

My use case is CC-NC images to illustrate a news site.
We are thinking of using Adsense or something similar. The image is an illustration to the article.
This post listed a draft document and a flowchart which clarified a lot.

However, I want to know how authoritative to view these interpretations. Has the wording been vetted very much? Does it represent any sort of consensus among people who would be in a position to know? The mailing list seems to disagree about the adsense use case. Is there any reason why this analysis somehow is more persuasive?

D1c says this
As a condition of using another work that includes a verbatim NC-licensed work, where the NC-licensed work is not the primary draw or is an insubstantial amount, both qualitatively and quantitatively (eg. where one NC-licensed image is used in a book that is sold commercially and the image is not a thematically significant part of the book) - this is a noncommercial use (provided that there is no charge associated with directly accessing the work.)

Can I take this to the bank? I've read through the list discussions of this matter and have even opined several places about it. But this is a common case for bloggers and website owners. I guess the best way is to consult an attorney, but I figure an attorney or two hangs around at CC and may have even glanced at the draft already  :)

Robert Nagle

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