[videoblogging] CC: Noncommerical and vlogs

2007-09-13 Thread John Oeffinger
This may be a dumb question...but...

Can you use music that is labeled Creative Commons - Non-Commercial  
in Vlogs? Is the prospect of earning some form of revenue from ads or  
tip jars considered commercial meaning you can't use non-commercial  
music in your Vlog?

Thanks...John


Re: [videoblogging] CC: Noncommerical and vlogs

2007-09-13 Thread Jay dedman
  Can you use music that is labeled Creative Commons - Non-Commercial
  in Vlogs? Is the prospect of earning some form of revenue from ads or
  tip jars considered commercial meaning you can't use non-commercial
  music in your Vlog?

also, it's really helpful to contact the person who made the music.
Not really to ask permission since the CC license makes usage
clear...but just to make a relationship.
dont we all love it when someone uses our work in ways we want?

jay


-- 
http://jaydedman.com
917 371 6790

**check out the new look: ryanishungry.com**


Re: [videoblogging] CC: Noncommerical and vlogs

2007-09-13 Thread Lisa Rein
Yes gina's answer is correct, in my opinion.

This is why I've never put tip jars or ads on my site. Because, not only
do I host clips from others under various CC licenses, but I have many
fair use clips from TV/Movies that would clearly be kicked out of the
fair use category if my blog were to have any commercial uses. (per the
fair user four factors test)

Jay's suggestion of contacting the creator is also a great way to get
clearance from content creators who may not care if you have a tip jar/ads
on your site. (Get an email from them saying it's ok.)

However, doing so does complicate things, in that, at that point, you're
back to using traditional copyright w/permission from the creator, rather
than exercising the cc license. (Meaning that you can no longer display
the non-commercial license as is w/the work when you display it on your
commercial site without confusing the licensing issue, because doing so
would make it look like tip jars/ads on vlogs are still non-commercial.)

I don't have a good answer for this yet :-(


thanks,

lisa


  Can you use music that is labeled Creative Commons - Non-Commercial
  in Vlogs? Is the prospect of earning some form of revenue from ads or
  tip jars considered commercial meaning you can't use non-commercial
  music in your Vlog?

 also, it's really helpful to contact the person who made the music.
 Not really to ask permission since the CC license makes usage
 clear...but just to make a relationship.
 dont we all love it when someone uses our work in ways we want?

 jay


 --
 http://jaydedman.com
 917 371 6790

 **check out the new look: ryanishungry.com**



Lisa Rein

http://onlisareinsradar.com
http://www.lisarein.com



Re: [videoblogging] CC: Noncommerical and vlogs

2007-09-13 Thread Brook Hinton
fair use clips from TV/Movies that would clearly be kicked out of the
fair use category if my blog were to have any commercial uses.

(warning: not a lawyer, just someone who has done a lot of collage work over
a couple of decades)

It depends on the type of commercial use and more specifically the nature of
the use. Plenty of fair use heavy projects generate some income, from
Negativland to the collage work of film and video artists who get screening,
exhibition and rental fees. But commercial or not, fair use or not, the
lawyers who may come calling will just want your money and be backed by
scary big resources. Transformative is a big part of the four factors, and
the four factors are to be weighed in context.

I'm not sure a tip jar moves a site into the commercial category. There's a
difference between selling something and accepting a gift.

Brook

-- 
___
Brook Hinton
film/video/audio art
www.brookhinton.com


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