Attorney Steve® Copyright Law Essentials - Creative Commons Licenses - Non-commercial fair use explained?
Introduction
From WikiCreativeCommons:
Creative Commons NC licenses expressly define NonCommercial as “not primarily intended for or directed towards commercial advantage or monetary compensation.” The inclusion of “primarily” in the definition recognizes that no activity is completely disconnected from commercial activity; it is only the primary purpose of the reuse that needs to be considered.
The definition of NonCommercial is intentionally flexible; the definition is specific enough to make its intended operation and reach clear, but versatile enough to cover a wide variety of use cases. Narrowly or exhaustively attempting to prescribe every permitted and prohibited activity is an impossible task and, in Creative Commons' judgment, an ill-advised one. Thus, the definition sets out a principle for determining what uses do and do not qualify, but does not list specific use cases (aside from peer-to-peer file sharing
From their guide on "Defining commercial vs. non-commercial" they note and cite a Creative Commons report defining non-commercial. This is important because if you violate the terms of a creative commons license you could be on the hook for a breach of contract claim, or worse, a claim for copyright infringement damages. From this pdf there are a ton of factors that can be looked at, and it gets very confusing to try to forget everything out and to determine if your use is COMMERCIAL or NON-COMMERCIAL (or more likely somewhere in between).
When in doubt, cut it out is my opinion.
Overview of the six creative commons license types
Creative Commons Copyright Licenses are a set of licenses that provide creators with the ability to choose from a variety of copyright terms and conditions. These licenses are designed to give creators more control over how their work is shared and used. The Creative Commons copyright licenses are a great way for creators to make sure that their work is properly credited and used in a way that is in line with their wishes.
The Creative Commons licenses can be broken down into six main categories:
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Each of these licenses has its own set of terms and conditions, so it is important to understand the differences between them before choosing a license.
The Attribution license is the most popular of the Creative Commons licenses. This license allows others to use, share, modify and build upon a creator's work, as long as credit is given to the original creator. This license is great for creators who want to ensure that their work is properly credited, while still allowing others to use and modify their work.
For example, an artist has created a painting and wants to share it with the world. The artist can choose the Attribution license, which would allow others to use, share, modify and build upon the painting, as long as they give the artist credit for the original work.
The NonCommercial license is similar to the Attribution license, but with one key difference — the work can only be used for non-commercial purposes. This means that any use of the work must be for a non-profit or educational purpose. This license is great for creators who want to make sure their work is used for the purpose they intended and not for commercial gain.
For example, a photographer has taken a picture and wants to share it with the world. The photographer can choose the NonCommercial license, which would allow others to use, share and modify the picture, as long as it is not used for commercial purposes.
The NoDerivatives license is designed for creators who want to make sure their work is not modified in any way. This license allows others to use, share and copy the work, but they are not allowed to make any changes to it. This license is great for creators who want to make sure that their work is used exactly as they intended.
For example, an author has written a book and wants to share it with the world. The author can choose the NoDerivatives license, which would allow others to use, share and copy the book, but they are not allowed to make any changes to it.
The ShareAlike license is similar to the Attribution license, but with one key difference — any modified versions of the work must also be shared under the same license. This license is great for creators who want to make sure that any modified versions of their work are also shared with the same conditions.
For example, a software developer has created a program and wants to share it with the world. The software developer can choose the ShareAlike license, which would allow others to use, share, modify and build upon the program, as long as any modified versions of the program are also shared under the same license.
The Public Domain Dedication license is a license that allows creators to dedicate their work to the public domain. This means that anyone can use, share and modify the work without having to give credit to the original creator. This license is great for creators who want to make sure their work is freely available for anyone to use.
For example, a musician has composed a song and wants to share it with the world. The musician can choose the Public Domain Dedication license, which would allow others to use, share and modify the song without having to give credit to the original creator.
Finally, the International Licenses are a set of licenses designed to provide creators with the ability to choose from a variety of copyright terms and conditions that are applicable in different countries. This is great for creators who want to make sure their work is shared and used in accordance with the copyright laws of different countries.
For example, a filmmaker has created a movie and wants to share it with the world. The filmmaker can choose an International License, which would allow others to use, share and modify the movie in accordance with the copyright laws of the countries in which it is shared. In conclusion, the Creative Commons copyright licenses are a great way for creators to make sure that their work is shared and used in accordance with their wishes. By understanding the differences between the six main categories of Creative Commons licenses, creators can make an informed decision about which license best suits their needs.
What happens if you are accused of breaching the licensing agreement?
Whether or not a breach of a creative commons copyright license will constitute a breach of contract, or a copyright infringement violation is not always an easy question.
When it comes to copyright law, many people are familiar with the concept of Creative Commons (CC) licenses. These licenses are designed to allow people to share their copyrighted works with the public, while still retaining some control over how their works are used. However, there has been some confusion over whether or not a breach of a CC license constitutes a breach of contract or a copyright infringement violation.
At its core, a Creative Commons license is a type of copyright license that allows a copyright holder to grant certain permissions for the use of their work to the public. These permissions are generally outlined in the license itself, and can range from allowing the public to reproduce, modify, or distribute the copyrighted work, to allowing the public to create derivative works based on the copyrighted work. The goal of a CC license is to provide a more flexible and open system for copyright holders to share their work with the public, while still maintaining some control over how their works are used.
Given the nature of a CC license, it is not surprising that there has been some confusion over whether or not a breach of a CC license constitutes a breach of contract or a copyright infringement violation. The answer to this question largely depends on the specific language of the CC licensethat has been breached.
Generally speaking, a breach of a CC license will not constitute a breach of contract unless the license explicitly states that a breach of the license will result in a breach of contract. Similarly, a breach of a CC license will not constitute a copyright infringement violation unless the license explicitly states that a breach of the license will result in a copyright infringement violation.
In short, it is important to remember that a Creative Commons license is a type of copyright license, and that any breach of a CC license should be carefully evaluated to determine whether or not it constitutes a breach of contract or a copyright infringement violation.
Generally speaking, a breach of a CC license will not constitute either a breach of contract or a copyright infringement violation unless the license explicitly states that a breach of the license will result in either one. In the event that a CC license does not explicitly state that a breach of the license will result in either a breach of contract or a copyright infringement violation, legal action may still be taken, but it will be up to the copyright holder to decide whether or not to pursue the matter and what causes of action to pursue.
I have seen cases that pursue this as a copyright violation.
Contact a Creative Commons Lawyer
When faced with copyright infringement, licensing disputes, or unexpected commercial use of your creative work, it is wise to seek help from a Creative Commons lawyer. We can provide you with legal advice concerning copyright laws and help you understand the best way to protect your work and demand proper attribution or compensation. An experienced lawyer will also be able to guide you if and when a copyright lawsuit needs to be filed or defended in relation to someone misusing copyright-protected content. If you are looking for reliable legal representation in copyright matters, contact a Creative Commons lawyer today at (877) 276-5084 or fill out our contact form.
