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What constitutes commercial?

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  1. hlship
    Member

    I could use some clarification about what "commercial" means.

    Here's my scenario:

    I do software training. I create slide decks. I use images on those slide decks.

    I often search Flickr and elsewhere, and find images I'd like to use in my slide decks, images that use the CC non-commercial license.

    Clients are either paying my company for training, or have paid to go to a conference.

    The slide decks for conference materials, at least in PDF form, are given away, subject only to my employer's copyright.

    The PDFs of training materials are not currently made freely available, but could be.

    Money exchanges hands ... but indirectly, for my time, and not as payment for the slide decks (which are, in fact, somewhat useless without the accompanying presenter).

    So ... is this considered "commercial"?

    I suspect the intent of "noncommericial" is to keep second parties from, for example, printing and seeling an artist's photos. Our copyright would prevent anyone from, say, printing and selling my slide decks, or using them as part of an on-line article. But do I have the right to use CC licensed images that have the "noncommerical" clause in my slide decks?

    Posted 1 year ago #
  2. ajbrooks
    Member

    Maybe the NC guidelines draft (http://wiki.creativecommons.org/NC) will help. However, those documents are just a draft and by no means the final word on the subject.

    Since I'm not a lawyer, it's difficult to give you advice on your particular situation. You could try contacting the people on Flickr whose pictures you want to use and get consent. Since they're already using CC, they probably would be more open to your reuse of them than someone who doesn't use CC at all. Or you could always just use images that don't have the NC term, so you don't have to worry about it.

    Perhaps there should be a sticky posted about NC with a link to that NC guidelines draft doc for others who come here looking for NC clarification.

    -Andy

    Posted 1 year ago #
  3. mlinksva
    Mike Linksvayer

    As ajbrooks says "[Y]you could always just use images that don't have the NC term, so you don't have to worry about it."

    Check "Find content to use commercially" at http://flickr.com/search/advanced

    Posted 1 year ago #
  4. hlship
    Member

    Yes, Flickr is a good citizen in this case, with that checkbox. I've started using it.

    Looking over that document, it looks like my scenario falls into category C.2, which could be good: it's a noncommercial use. This seems further supported by some of the later discussion.

    The images I'm using are not the primary draw; in fact they are not directly illustrative, they're being used to enhance the documentation by providing visual interest without actually providing direct information.

    I'm going to mull this over further, but I'm increasingly of the opinion that, in the unlikely case that the license holder ever discovered my use of their work, we would agree that the use falls under the noncommercial umbrella.

    Posted 1 year ago #

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