Actually, I don't think it's accurate that personal use has no legal merit. I recently went to a presentation on fair use usage by independent filmmakers. There was a lawyer from EFF there, Fred von Lohmann, including Patricia Aufdeheide who worked to formulate a Best Practices paper for fair use by documentary filmmakers. The paper was created by personal opinion provided by documentary filmmakes. They said that courts often make law based on common usage and refer to best practices. And that the paper will most likely give direction to the laws formed.
The "Documentary Filmmakers' Statement of Best Practices in Fair Use" is available at http://www.centerforsocialmedia.org/fairuse.htm -- Enric -======- http://www.cirne.com --- In [email protected], "Bill Streeter" <[EMAIL PROTECTED]> wrote: > > Yes I agree with you that it is really up to a court to decide what > commercial is. I understand that personal definitions have no legal > merit. I was just pointing out what I think most people intend when > they use this license. > > Bill Streeter > LO-FI SAINT LOUIS > www.lofistl.com > > --- In [email protected], "Andreas Haugstrup" > <solitude@> wrote: > > > > On Tue, 07 Mar 2006 18:29:00 +0100, Bill Streeter <bill@> wrote: > > > > > I may be splitting hairs here, but the author lists "Public > Domain" > > > as a type of CC license. But I don' think that this is the case. > I > > > thought that Public Domain was a part of standard copyright law. > Am > > > I wrong about this? > > > > I think CC just lists public domain because people who are > interested in > > CC might also be interested in releasing their work to the public > domain. > > No harm, no foul. > > > > > But I do see his point on the definitions of commercial. I would > > > suspect that most users would consider commercial use to be used > in > > > a way that directly makes a profit for the publisher. Like > directly > > > selling copies of the work, or used as the primary content in a > for- > > > profit venture. A website with ads isn't always a for-profit > > > venture. But I agree that the commercial concept is pretty fuzzy. > > > But I don't believe that anyone would consider a link to a > resume to > > > be an ad as he suggests. > > > > First off all: What regular people think "commercial use" is > doesn't mean > > a thing. At all (unless both parties in a dispute agrees, but then > we > > wouldn't be talking). What matters is how a judge interprets the > license > > and the law. The big issue with CC is that it has not been tested > in court > > yet (unlike copyright law which has been tested a million billion > times). > > What's really needed is some lawsuits centered around the CC > licenses. I > > can't believe I just wrote that. > > > > I don't know if the guy read the actual license. It is more > specific than > > the *guidelines* you link to when you link to a license. The > license says: > > > > "You may not exercise any of the rights granted to You in Section > 3 above > > in any manner that is primarily intended for or directed toward > commercial > > advantage or private monetary compensation[...]" > > > > The operative word being "primarily". You can interpret the above > in a > > multitude of ways (some ads might be okay, others not). As long > as > > everyone is agreeing you're fine. The moment someone disagrees the > courts > > will have to take a stand. Their interpretation means a whole lot > and will > > set down guidelines for future users of CC material. The court's > > interpretation might not be what the authors of the CC license > intended in > > which case the license will have to be rewritten and then the > process will > > begin again. > > > > So all we need is someone to sue. > > -- > > Andreas Haugstrup Pedersen > > <URL: http://www.solitude.dk/ > > > Commentary on media, communication, culture and technology. > > > Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/videoblogging/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
