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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. |
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There is no answer at this time. |
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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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