I have been looking at the non-commercial commercial use issue for a bit with creative commons, for me its a fault within the license. the non commercial license stands to benefit the larger corporations that only pay the majors when content is used. the way i see a non-commercial license is different to someone who works in software. people that make software often want to generate more income for themselves by the way they license what they create. people that make art for the most (from my view) just want people to experience that art. a lot of people that make art, don’t want that art surrounded by google banners. a similar way to look at it might be, some people don’t want to sit on a park bench next to river where the bench is sponsored by a corporation.
Its easier when things are made that fit in with a corrupt system, its hard to build anything that does not fit in with the engine already constructed. For me its going to be interesting if creative commons supports the solar energy space vessel, or the regular fuel motor. At this point it looks like creative commons are going with the slightly more efficient regular fuel motor.
Even if the world has not caught upto the machine, it does not mean that the machine can’t be built. If you build something else that cancels the possibility of that machine, how is the future going to judge that machine, if conditions get worse because of that machine.
i have been watching DR who lately.
Both these uses bellow (*-) currently look to be non-commercial uses through the view of the CC license (often). I notice a lot of video clips have used creative commons non-commercial licensed content within the clip, where they have not created the music content and uploaded that content to sites that have google banners. Two clips that have used my tunes under the creative commons BY license, yet both clips contain other tunes licensed with non-commercial licensed content. Clip A Clip B
The problem for me is that few artists use the BY creative commons license, yet it seems Non-Commercial works of all kind are being used in BY conditions. I’m not sure if this is because of bad information or this is the intention of the license.
read CC non-commercial guidelines here
*-Songwriter makes song and puts that song on their website with a non-commercial creative commons licenses. Video maker finds the song and makes a video using the songwriters song. Video maker puts the video onto a web service that generates its income through advertising revenue. In the terms and conditions that the video maker agrees to when they upload that video to that web service. The video maker agrees that no royalty shall be paid to the video maker when the web service uses the video makers video in conjunction with advertising.
*-Songwriter makes song and uploads the song to a web service that splits proceeds from the advertising revenue received 50/50 between the song and the web service. Songwriter licenses the song using a non-commercial creative commons license on that website. A performer hears the song and records their version of that song, the performer then uploads that version of the song to the same site under the same license. Revenues are split 50/50 with the performer and the web-service.
Are these uses non-commercial?
I sent the above questions out to the creative commons community mailing list
I received this comment when i posted the question to the CC mailing list from Lloyd.
“You can use this so long as in doing so *you* aren’t trying to make money from it”
This response via the same mailing list from Nic.
“Clearly not non-commercial”
“Not non-commercial, in breach of the licence”
