Creative Commons Question

Discussion in 'Legal Issues' started by Tomcat7194, Jan 19, 2007.

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  1. #1
    Hello.I want to get a clarification about part of the Creative Commons license. If a website contains advertising, does that make it commercial?

    Suppose, for example, that I take a Creative Commons file with a noncommercial license, place it on a page with Google ads, and make some money from the Google ads. Is that a violation of the license, or does that not count as a commercial use of the work?

    Thanks
    Tom
     
    Tomcat7194, Jan 19, 2007 IP
  2. k2hawaii

    k2hawaii Peon

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    #2
    What kind of CC license are you using?
     
    k2hawaii, Jan 20, 2007 IP
  3. Crusader

    Crusader Peon

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    #3
    Yes. That would make it commercial. As soon as you generate any kind of revenue from a site it would be seen as a commercial use. Commercial doesn't necessary mean that you have to sell a product... advertising in any form (where revenue is generated) makes your site a commercial site.
     
    Crusader, Jan 20, 2007 IP
  4. Tomcat7194

    Tomcat7194 Peon

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    #4
    Thanks for your reply. The license I'm looking at is here: http://creativecommons.org/licenses/by-nc/2.5/legalcode

    The reason I ask is that there seems to be some ambiguity in the wording, especially in 4b, where it states:

    Is there a legal definition of "primarily", or some legal precedent explaining what that means? Also, does file sharing only apply to programs like Limewire, or does a website count as a file sharing system?

    Tom
     
    Tomcat7194, Jan 20, 2007 IP
  5. Millar

    Millar Peon

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    #5
    What if you do not get paid for the advertising, i.e, you are advertising another site for no personal gain.

    You say any form of advertising is commercial. Is the above also considered commercial?
     
    Millar, Jan 20, 2007 IP
  6. Crusader

    Crusader Peon

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    #6
    Well, in that case it wouldn't be commercial since you are not being paid or generating any income from it. However my statement was aimed more at advertising such as Adsense, YPN etc.

    Hope that clarifies it.
     
    Crusader, Jan 20, 2007 IP