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    NonCommercial interpretation

    NonCommercial interpretation

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    1 The NonCommercial license element

    2 NonCommercial explained

    3 Key points about the NonCommercial licenses

    4 Choosing NC for your content

    5 Footnotes

    The NonCommercial license element

    The NonCommercial (“NC”) element is found in three of the six CC licenses: BY-NC, BY-NC-SA, and BY-NC-ND. In each of these licenses, NonCommercial is expressly defined as follows:

    The definition is intent-based and intentionally flexible in recognition of the many possible factual situations and business models that may exist now or develop later. Clear-cut rules exist even though there may be gray areas, and debates have ensued over its interpretation. In practice, the number of actual conflicts between licensors and licensees over its meaning appear to be few. [1]

    This page sets forth fundamentals of how the definition of NonCommercial operates and should be interpreted from CC’s perspective as the steward of the CC license suite. We provide some key points to consider before choosing an NC license for your own work or before using an NC-licensed work.

    NonCommercial explained

    Creative Commons NC licenses expressly define NonCommercial as “not primarily intended for or directed towards commercial advantage or monetary compensation.” [2] The inclusion of “primarily” in the definition recognizes that no activity is completely disconnected from commercial activity; it is only the primary purpose of the reuse that needs to be considered.

    The definition of NonCommercial is intentionally flexible; the definition is specific enough to make its intended operation and reach clear, but versatile enough to cover a wide variety of use cases. Narrowly or exhaustively attempting to prescribe every permitted and prohibited activity is an impossible task and, in Creative Commons’ judgment, an ill-advised one. Thus, the definition sets out a principle for determining what uses do and do not qualify, but does not list specific use cases (aside from peer-to-peer file sharing). [3]

    Key points about the NonCommercial licenses

    The NonCommercial limitation applies to licensed uses only and does not restrict use by the licensor.

    As with all CC licenses, the NC licenses only restrict what a reuser may do under the license and not what the licensor (rights holder) can do. Licensors that make their works available under an NC license are always free to monetize their works.

    NonCommercial turns on the use, not the identity of the reuser.

    The definition of NonCommercial depends on the primary purpose for which the work is used, not on the category or class of reuser. [4] Specifically, a reuser need not be in education, in government, an individual, or a recognized charity/nonprofit in the relevant jurisdiction in order to use an NC-licensed work. A reuser that is not obviously noncommercial in nature may use NC-licensed content if its use is NonCommercial in accordance with the definition. The context and purpose of the use is relevant when making the determination, but no class of reuser is per se permitted or excluded from using an NC-licensed work.

    Reusers may make NonCommercial uses only, even when reusing NC material with other works.

    The NC licenses limit reusers to NonCommercial uses of the work only, which includes when the work is used in a collection or when it is adapted. For example, an NC essay may not be included as part of a collection in a commercially distributed book of essays, even if it is only a small portion of the book. For an example of an adaptation, an NC song may be used as the basis for a video where the visual elements are under a different license such as the BY license. When the music video is distributed as a whole, it may not be used commercially because of the NC license of the song.

    The NonCommercial term does not limit uses otherwise allowed by limitations and exceptions to copyright.

    Nothing in the NC licenses (or any CC license) controls or conditions uses—even commercial uses—covered by an exception or limitation to copyright or similar rights, or otherwise controls any activity for which no permission under such rights is required. For example, a person may commercially use an NC-licensed work for purposes of criticism in jurisdictions where this is a fair use or otherwise covered by an exception to copyright. Similarly, because posting a link to a work does not require permission under copyright, a for-profit university may still include a link to NC-licensed courseware in a syllabus or on its paywalled website. In such cases, the CC license never comes into play and the NC restriction (and other limitations or conditions contained in the license) may be disregarded.

    Explanations of NC do not modify the CC license.

    Some licensors or website providers state expectations or interpretations about what NC means. Those explanations never form part of the CC license, even if included in terms of service or another resource designed to contractually bind reusers. CC strongly discourages the practice when such statements carve back (rather than expand) on reuses allowed by the NC definition or contradict the plain meaning of the licenses. When those statements are intended to bind reusers or to modify the CC license, no CC trademarks may be associated with either the work or the terms under which it is offered. For more information about CC’s license modification policy, visit this page.

    स्रोत : wiki.creativecommons.org

    Creative Commons NonCommercial license

    Creative Commons NonCommercial license

    From Wikipedia, the free encyclopedia

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    "Creative Commons Attribution-NonCommercial", also called "CC BY-NC", is the basic noncommercial license from Creative Commons.

    A Creative Commons NonCommercial license (CC NC, CC BY-NC or NC license) is a Creative Commons license which a copyright holder can apply to their media to give public permission for anyone to reuse that media only for noncommercial activities. Creative Commons is an organization which develops a variety of public copyright licenses, and the "noncommercial" licenses are a subset of these. Unlike the CC0, CC BY, and CC BY-SA licenses, the CC BY-NC license is considered non-free.[1]

    A challenge with using these licenses is determining what noncommercial use is.


    1 Defining "Noncommercial"

    2 Commentary 3 References 4 External links

    Defining "Noncommercial"[edit]

    "Defining 'Noncommercial'", a 2009 report from Creative Commons on the concept of noncommercial media

    In September 2009 Creative Commons published a report titled, "Defining 'Noncommercial'".[2] The report featured survey data, analysis, and expert opinions on what "noncommercial" means, how it applied to contemporary media, and how people who share media interpret the term.[2] The report found that in some aspects there was public agreement on the meaning of "noncommercial", but for other aspects, there is wide variation in expectation of what the term means.[2]

    The Conference on College Composition and Communication commented that creators and re-users have their own biases and tend to interpret "noncommercial" in a way that favors their own use.[3]

    magazine repeated the report's claim that two-thirds of Creative Commons usage was with noncommercial licenses and that there was public confusion about how people should reuse such content.[4]

    Various bloggers commented that the ambiguity which the report exposed provided supporting evidence of the need to establish clarification and certainty into what it means to apply the license and reuse media under the license.[5]


    An examination of media use in biodiversity research publications reported that people both offering and reusing biodiversity media with the noncommercial license have a variety of conflicting understandings about what this should mean.[6]

    Erik Möller raised concerns about the use of Creative Commons' non-commercial license. Works distributed under the Creative Commons Non-Commercial license are not compatible with many open-content sites, including Wikipedia, which explicitly allow and encourage some commercial uses. Möller explained that "the people who are likely to be hurt by an -NC license are not large corporations, but small publications like weblogs, advertising-funded radio stations, or local newspapers."[7]

    Lessig responded that the current copyright regime also harms compatibility and that authors can lessen this incompatibility by choosing the least restrictive license.[8] Additionally, the non-commercial license is useful for preventing someone else from capitalizing on an author's work when the author still plans to do so in the future.[8][9] The non-commercial licenses have also been criticized for being too vague about which uses count as "commercial" and "non-commercial".[10][11]

    Great Minds, a non-profit educational publisher that released works under an -NC license, sued FedEx for violating the license because a school had used its services to mass-produce photocopies of the work, thus commercially exploiting the works. A U.S. judge dismissed the case in February 2017, ruling that FedEx was an intermediary, and that the provision of the license "does not limit a licensee's ability to use third parties in exercising the rights granted [by the licensor]."[12] Great Minds appealed the decision to the United States Court of Appeals for the Second Circuit later that year.[13] The 2nd Circuit upheld the lower court's decision in March 2018,[14] concluding that FedEx neither infringed copyrights nor violated the license. One of circuit judges Susan L. Carney argued in the court statement:

    We hold that, in view of the absence of any clear license language to the contrary, licensees may use third‐party agents such as commercial reproduction services in furtherance of their own permitted noncommercial uses. Because FedEx acted as the mere agent of licensee school districts when it reproduced Great Minds' materials, and because there is no dispute that the school districts themselves sought to use Great Minds' materials for permissible purposes, we conclude that FedEx's activities did not breach the license or violate Great Minds' copyright.[15][16]


    ^ "Understanding Free Cultural Works". . Creative Commons. Retrieved 15 June 2020.

    ^ Jump up to:

    mike (14 September 2009). "Defining Noncommercial report published". .

    ^ Lowe, Charles (6 June 2018). "An Issue for Open Education: Interpreting the Non-Commercial Clause in Creative Commons Licensing". . National Council of Teachers of English.

    स्रोत : en.wikipedia.org

    What are Creative Commons licenses?


    What are Creative Commons licenses?

    Creative Commons (CC) licenses are public licenses. You can use them to indicate what other people are allowed to do with your work. Each work is automatically protected by copyright, which means that others will need to ask permission from you as the copyright owner.

    CC licenses let you easily change your copyright terms from the default of “all rights reserved” to “some rights reserved.” They are legal tools to give permission in advance to share and use your work – on conditions of your choice.

    There are six different Creative Commons licenses: CC BY, CC BY-SA, CC BY-NC, CC BY-ND, CC BY-NC-SA, CC BY-NC-ND. The letter pairs indicate conditions for use.

    CC BY is the most open license. It allows the user to redistribute, to create derivatives, such as a translation, and even use the publication for commercial activities, provided that appropriate credit is given to the author (BY) and that the user indicates whether the publication has been changed.

    CC BY-SA is also an open license. The letters SA (share alike) indicate that the adjusted work should be shared under the same reuse rights, so with the same CC license.

    NC (non-commercial use) and ND (no derivative works) are conditions that make the CC licenses more restrictive and thus less open.

    The figure below shows a good overview of what each license permits you to do.

    Creative Commons licenses by Foter (CC-BY-SA)

    In Open Access Publishing and in Open Educational Resources CC licenses are commonly used.

    For more information, visit the website Creative Commons, About the licenses.

    स्रोत : www.wur.nl

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