I asked this question (who defines "non-commercial"?) at least three or
four years ago, and it's been floating out there ever since.  So I am
extremely glad to see that it is being addressed.  "Developments in
technology, social practices, and business models are pressing the
question of what should count as a commercial use" for sure, although it
has actually been a pressing question since the ancient analog age.
Clients and licensors, museums and artists' copyright societies, have
always had differing ideas of what "commercial use" means. 

Amalyah Keshet
Head of Image Resources & Copyright Management
The Israel Museum, Jerusalem


-----Original Message-----
From: read20-l at lists.panix.com [mailto:[email protected]] On
Behalf Of Peter Brantley
Sent: Friday, September 19, 2008 7:17 PM
To: Read20 List
Subject: [read20-l] what does commercial mean

sometimes asking simple questions unveils hard and important
distinctions.  millions of works are now inscribed with the creative
common's NC (non commercial) tag - but what does that mean, and what are
we intending by that?  CC launches a study.
(n.b.: virginia rutledge is on this list).

http://creativecommons.org/press-releases/entry/9554

"The study has direct relevance to Creative Commons' mission of
providing free, flexible copyright licenses that are easy to understand
and simple to use," said Creative Commons CEO Joi Ito. "The NC term is a
popular option for creators choosing a Creative Commons license, and
that tells us the term meets a need. However, as exponentially
increasing numbers of works are made available under CC licenses, we
want to provide additional information for creators about the contexts
in which the NC term may further or impede their intentions with respect
to the works they choose to share, and we want to make sure that users
clearly understand those intentions. We expect the study findings will
help us do a better job of explaining the licenses and to improve them,
where possible. We also hope the findings, which will be made publicly
available, will contribute to better understanding of some of the
complexities of digital distribution of content."

"Developments in technology, social practices, and business models are
pressing the question of what should count as a commercial use,"
explained Creative Commons Special Counsel Virginia Rutledge, who is
leading the study. "The answer to that question should come from
creators, who should be able to specify what uses they want to permit,
subject to the limitations and exceptions to copyright or other
applicable law. Creative Commons is fortunate to have a stellar group of
legal, public policy, and information technology experts advising on
this project, as well as the help of its extensive international network
of affiliates."

Research is expected to be completed early in 2009. The study will
investigate understanding of noncommercial use and the Creative Commons
NC license term through a random sample survey of online content
creators in the U.S., a poll of the global Creative Commons community,
and qualitative data gathered from interviews with thought leaders and
focus groups with participants from around the world who create and use
a wide variety of content and media.

________________________________________
read20-l : sponsored by Panix in New York City

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