Hi
Suppose I have a blog and I use a photo taken by someone else and licensed under one of the non-commerical licenses.
I am displaying ads on the blog.
Does it constitute a violation? I am not displaying ads on the photo itself. Hence the photo per se is not being used commercially. However the blog, of which the photo is a small part (appears only one some pages not all) - is used commercially.
Please advise.
Regards
Hardeep
I'm not an expert but I think the confusion is whether a non-commercial license is defined in terms of being prohibited to sell or distribute original works for revenue, this is well defined in such an agreement. Since your not directly selling the material then this definition is not violated.
As for the placement of ads on the same page I'd look at it like this, if you've written content which is original and the ads are contextually served to that content only (which is the general case) then your not profiting from the photo itself your profiting from the content you've provided to that page.
That's probably the best way to look at this type of scenario regarding secondary states of income involving the display of primary work, though this interpretation could be a little fuzzy at times. If you go ahead with this or any future publications involving pictures (I don't know about audio or video streaming though) try to contact the creator of the work and if they are for some reason unreachable
I'd place a disclaimer on your website/weblog stating that if any material seen on the site is in violation of any agreement involving the licensing of or similar rights thereof then it will be removed. This way you at least show honest intent regarding the usage of such material. In the long run I think that this situation could be interpreted as being commercial and to be on the safe side I'd outsource 'commercial usage applies' CC agreements.
I agree with osorio. If a photo is licensed then it is considered as private property of the owner and using it would be considered plagiarism. Certain measures should first be taken before posting the photo. This measures include but are not limited to:
1. Asking permission from the owner
2. putting a disclaimer
3. giving credit to the one who licensed it.
I hope I answered your question.
That's true. Don't forget that putting a disclaimer is not enough. Direct permission from the owner is a must and it doesn't hurt to have a written agreement signed by both parties.
I believe that if you are not using the image on the site and not promoting anything using that image, you will be fine. But if that image links or has any part of promoting anything you are selling, you might have some troubles.
I would like to agree with the facts that was being presented above. There were no problems on using directly the image if you don't use them for some promotions.Asking permission and giving credit to the owner would be the best option for you to do in order to avoid violation on the policies with regards on using someone's property.
If you are making money out of the blog - it would be classed as commercial use.
http://www.businesswebworx.co.uk/business-website-report.html
When we say that a certain photo has a non-commercial license it means that you are prohibited to sell the photo itself. I'm not really sure about this but I think it's okay to use the photo as long as you don't have any intention to use it for commercial purposes.
Well I agree with you guys. If you don't have any intention to use the photo commercially then it is ok to use it. But if you do, I think you should ask permission to whoever the photo belong, to allow you or authorize you to use the photo commercially, just to be safe..
Can you differentiate a commercial license from a non-commercial license?
Well I agree with you guys. For me, there is no problem with using others' image to other promotions. Just make sure that you do not use it directly and it is only a support to one of your main images.
Hi Hardeep. It's always a good idea to get permission. I knew a guy that had to pay a fine for an image violation once. You can always go to iStock to get royalty-free images.
~ Alexis
You must log in to post.
Except where otherwise noted, content on this site is
licensed under a
Creative Commons Attribution 3.0 License