NonCommercial and ads

On Fri, 2007-02-02 at 14:17 +0100, Michael Welp wrote:

> I have a question about the meaning of NonCommercial.
> 
> If a piece of text is licensed under a NC-license, is
one allowed to
> put that text on a web page with ads?

It's not 100% clear, but probably not. It's pretty clear
that the text
is being distributed for commercial advantage.

IANAL, TINLA.

~Evan

-- 
Evan Prodromou <evanprodromou.name>

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These are my opinions based on my personal understanding.
IAAL.


Michael Welp wrote:

> If a piece of text is licensed under a NC-license, is
one allowed to put
> that text on a web page with ads?
> 
> For example, someone released an article about tomatoes
under a
> NC-license. I like that article and put it on my
website. There are ads
> displayed on my website, for example, Google AdSense:
> 

In my opinion, yes, it would infringe the licence.

> 1. If I placed the ads on the website and receive the
revenues, would
> that violate a NC-license?

I also think this would violate the licence's terms.

> 2. I use a free web hosting service. The business model
of the web
> hosting company is to offer free hosting and to place
ads on the free
> websites to make money.

This is a borderline case, as you are not the one who is
obtaining
commercial gain.

> 
> 3. The ads are independent from the licensed text, e.g.
the text is
> about tomatoes and the ads are about computer software.
Violation?
> 
I do not understand this, subject matter has nothing to do
with
commercial use or not.


> 4. The ads refer to the licensed text. For example,
Google AdSense works
> this way: the content of a web page is analyzed and
then matching ads
> are automatically displayed. For example, ads about
tomato soup, how to
> grow tomatoes, etc.

Again, subject matter of the ads is completely irrelevant to
the
commercial use.

> PS: Sorry if my English reads not that smooth --
English is not my
> mother tongue.

Same here 

Regards,

Andres

-- 
Andres Guadamuz
AHRC Research Centre for Studies in
Intellectual Property and Technology Law
Old College, South Bridge
Edinburgh, EH8 9YL

Tel: 44 (0)131 6509699
Fax: 44 (0)131 6506317
a.guadamuzed.ac.uk
http://www.law.ed.ac.uk
/ahrb/

IP/IT/Medical Law LLM by Distance Learning
http://www.
law.ed.ac.uk/distancelearning/
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at the risk of beating a dead horse more, under the
Discussion Draft  
NC Guidelines, the use of ads in conjunction with NC content
depends  
on how prominently the content was used in conjunction with
the ads.

also, if it for a service provider, it may come with the
service  
provider exception...

http://wiki.creativecommons.org/NonCommercial_Guidelines


On Feb 2, 2007, at 8:05 AM, Andres Guadamuz wrote:

> These are my opinions based on my personal
understanding. IAAL.
>
>
> Michael Welp wrote:
>
>> If a piece of text is licensed under a NC-license,
is one allowed  
>> to put
>> that text on a web page with ads?
>>
>> For example, someone released an article about
tomatoes under a
>> NC-license. I like that article and put it on my
website. There  
>> are ads
>> displayed on my website, for example, Google
AdSense:
>>
>
> In my opinion, yes, it would infringe the licence.
>
>> 1. If I placed the ads on the website and receive
the revenues, would
>> that violate a NC-license?
>
> I also think this would violate the licence's terms.
>
>> 2. I use a free web hosting service. The business
model of the web
>> hosting company is to offer free hosting and to
place ads on the free
>> websites to make money.
>
> This is a borderline case, as you are not the one who
is obtaining
> commercial gain.
>
>>
>> 3. The ads are independent from the licensed text,
e.g. the text is
>> about tomatoes and the ads are about computer
software. Violation?
>>
> I do not understand this, subject matter has nothing to
do with
> commercial use or not.
>
>
>> 4. The ads refer to the licensed text. For example,
Google AdSense  
>> works
>> this way: the content of a web page is analyzed and
then matching ads
>> are automatically displayed. For example, ads about
tomato soup,  
>> how to
>> grow tomatoes, etc.
>
> Again, subject matter of the ads is completely
irrelevant to the
> commercial use.
>
>> PS: Sorry if my English reads not that smooth --
English is not my
>> mother tongue.
>
> Same here 
>
> Regards,
>
> Andres
>
> -- 
> Andres Guadamuz
> AHRC Research Centre for Studies in
> Intellectual Property and Technology Law
> Old College, South Bridge
> Edinburgh, EH8 9YL
>
> Tel: 44 (0)131 6509699
> Fax: 44 (0)131 6506317
> a.guadamuzed.ac.uk
> http://www.law.ed.ac.uk
/ahrb/
>
> IP/IT/Medical Law LLM by Distance Learning
> http://www.
law.ed.ac.uk/distancelearning/
> _______________________________________________
> cc-licenses mailing list
> cc-licenseslists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses

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