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Q: Website Copyrights - commercial/Non-commercial? ( No Answer,   4 Comments )
Question  
Subject: Website Copyrights - commercial/Non-commercial?
Category: Business and Money > Advertising and Marketing
Asked by: blogmaster-ga
List Price: $5.00
Posted: 28 Mar 2005 10:32 PST
Expires: 27 Apr 2005 11:32 PDT
Question ID: 501459
Can I show the content licensed under 'Creative Commons License' in my
website, that does not charge any subscription for the visitors (in
that sense 'non-commercial' use) but displays advertisements (may earn
money through these, in that sense 'commercial use'?). I don't want
own opinions, but rather I want refrences, examples, FAQs from
reliable sources. Show me the links for all these.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Website Copyrights - commercial/Non-commercial?
From: ipfan-ga on 28 Mar 2005 13:40 PST
 
Which Creative Commons license?  See
http://creativecommons.org/license/.  There are a variety of licenses
offered by Creative Commons and each has different rights granted . .
.
Subject: Re: Website Copyrights - commercial/Non-commercial?
From: blogmaster-ga on 28 Mar 2005 14:49 PST
 
I mean this one:
http://creativecommons.org/licenses/by-nc-sa/2.0/
Subject: Re: Website Copyrights - commercial/Non-commercial?
From: ipfan-ga on 28 Mar 2005 15:23 PST
 
OK, thanks.  The answer is found in the license itself.  Section 4(c)
of the full license (available at
http://creativecommons.org/licenses/by-nc-sa/2.0/legalcode) states:
"You may not exercise any of the rights granted to You in Section 3
above in any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation."

So, what is the primary purpose of your web site?  To inform or share
information freely and provide a free, community service and the
advertising is merely incidental and generates only enough revenue to
maybe pay your hosting fees?  Or do you derive significant personal
revenue from the advertising?  Also, is the copyrighted work that is
subject to the CC license the main reason someone would visit your
site?  That is relevant to the issue of whether your use of the work
is commercial or not . . .

For example, if I post a work that is subject to the CC license on my
site and that work is basically all there is on the site and it's the
only reason someone would visit the site and the site is awash is
various advertisements that generate a lot of money for me personally,
that would not be a noncommercial use.

Conversely, if my site has one small banner ad on the home page and
there's a lot of other content besides the copyrighted work on the
site, that probably does not violate the license.

There really isn't anything to link to in terms of answering this
because this is a matter of contract construction, and I doubt there
are any cases construing that particular section of the CC license on
these facts simply because this licensing scheme is fairly new.
Subject: Re: Website Copyrights - commercial/Non-commercial?
From: blogmaster-ga on 28 Mar 2005 15:37 PST
 
ipfan-fa,

Thanks a lot for your detailed comment.

My doubt was also on the very same thin line between totally
commercial and scantily commercial. I am already running a community
service blog aggregator that is not in English language. Since it is
non-English, blogging is very much in incubation stage. I have the
follwing features in my portal:
1. a list of blogs, sortable region-wise, date-wise, alphabetical order-wise, etc.
2. a rss aggregator page that shows a headline and a brief( first two
lines) preview for the latest posts from those listed blogs.
3. a forum for bloggers to exchange ideas/seek clarifications, on
mostly encoding/font stuff
4. a help page for site info/faq etc.

I believe what I discussed so far falls under fair use, (reporting).
Suppose I offer a free-to-end-user PDF service, through which I not
only serve previews, but the whole post for those who wish to read
offline, or those who do not have fonts installed (I can embed fonts
in the pdf). This is 'distibution' as defined in CC license.
But in order to run such a comprehencisve service, to do programming
(php, mysql, html), to pay for hosting, etc. I need to generate
revenues through the panel ads.

I am specifically asking about this ads. I don't want disclose all my
expenses-revenues to prove if I am making money or not. In such a
case, am I violating the CC terms or not.

I am not sure if you can answer all my points as a comment, though.
Many thanks for your inputs.

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