Remember, in your negotiable agreements, it is up to the parties to define what non-commercial means in the context of the agreement. Neither party has to accept the other's definition of non-commercial. This is something both parties should agree upon. Since non-commercial can have different meanings in different circumstances -- the negotiation of this definition (and all definitions) is an important part of your license agreements.
Lesley Lesley Ellen Harris lesley at copyrightlaws.com www.licensingdigitalcontent.blogspot.com ----- Original Message ----- From: <[email protected]> To: "Peter Brantley" <peebsley at GMAIL.COM>; "Read20 List" <read20-l at lists.panix.com> Sent: Sunday, September 21, 2008 8:35 AM Subject: Re: [MCN-L] [read20-l] what does commercial mean >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:read20-l at lists.panix.com] 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 > _______________________________________________ > You are currently subscribed to mcn-l, the listserv of the Museum Computer > Network (http://www.mcn.edu) > > To post to this list, send messages to: mcn-l at mcn.edu > > To unsubscribe or change mcn-l delivery options visit: > http://toronto.mediatrope.com/mailman/listinfo/mcn-l >
