Difference between revisions of "Understanding Creative Commons Non-Commercial"

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Species-ID, like Wikipedia is a non-profit venture, funded only by public research funds and private in-kind donations. It is therefore possible to reproduce works licensed under the [http://creativecommons.org/licenses/by-nc-sa/3.0/ Creative Commons attribution non-commercial share-alike license] on Species-ID. However, we recommend that you use the [http://creativecommons.org/licenses/by-sa/3.0/ Creative Commons attribution share-alike license] instead.  
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Species-ID, like Wikipedia is a non-profit venture, funded only by public research funds and private in-kind donations. It is therefore possible to reproduce works licensed under the [http://creativecommons.org/licenses/by-nc-sa/3.0/ Creative Commons attribution non-commercial share-alike license] on Species-ID. However, we recommend to use the [http://creativecommons.org/licenses/by/3.0/ Creative Commons attribution]  or [http://creativecommons.org/licenses/by-sa/3.0/ Creative Commons attribution share-alike] licenses instead.  
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| text  = '''In a nutshell:'''  
 
| text  = '''In a nutshell:'''  
# Although many people identify '''non-profit''' activities with '''non-commercial''', legal analysis reveals that most '''non-profit activities must be classified as commercial''' under the terms of the Creative Commons licenses.
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# Although many people identify '''non-profit''' activities with '''non-commercial''', most '''non-profit activities must be classified as commercial''' under the terms of the Creative Commons licenses.
 
# If you '''make a living''' by selling copyrighted works (images, etc.), contributing content under [http://creativecommons.org/licenses/by-nc-sa/3.0/ CC by-nc-sa] (the Creative Commons attribution '''non-commercial''' share-alike license) is a valid option. Doing so will strongly protect your commercial interests. However, you are '''not using an open content license''' and the decision will '''strongly limit re-use of your contribution:''' non-profit-organisations, most scientific societies, Wikipedia, etc. will be ''unable'' to use your contribution.
 
# If you '''make a living''' by selling copyrighted works (images, etc.), contributing content under [http://creativecommons.org/licenses/by-nc-sa/3.0/ CC by-nc-sa] (the Creative Commons attribution '''non-commercial''' share-alike license) is a valid option. Doing so will strongly protect your commercial interests. However, you are '''not using an open content license''' and the decision will '''strongly limit re-use of your contribution:''' non-profit-organisations, most scientific societies, Wikipedia, etc. will be ''unable'' to use your contribution.
 
# Do not choose the "non-commercial" option because you have no commercial interest and want to contribute to spreading information outside of profit-making corporations. If you do '''not make a living''' by selling your works, please consider sharing them as '''open content''' by supplying them under open content licenses like '''[http://creativecommons.org/licenses/by/3.0/ CC by]''' or '''[http://creativecommons.org/licenses/by-sa/3.0/ CC by-sa]''' (the latter is used by Wikipedia and is equivalent to the GPL used for much Open Source software). Doing so will enable a '''much wider re-use''' of your contribution and increase the efficiency of informing people about biodiversity. The organisations profiting most from the license will be non-profit initiatives, which can use the materials without legal risk. However, a publisher may indeed, with appropriate citation or your authorship, use your contribution in a book that does generate a profit. Such dissemination of knowledge on biodiversity is not essentially evil and may be in the interest of biodiversity education. Thus, each contributor is encouraged to balance the potentially lost profits against the increased benefit to society.
 
# Do not choose the "non-commercial" option because you have no commercial interest and want to contribute to spreading information outside of profit-making corporations. If you do '''not make a living''' by selling your works, please consider sharing them as '''open content''' by supplying them under open content licenses like '''[http://creativecommons.org/licenses/by/3.0/ CC by]''' or '''[http://creativecommons.org/licenses/by-sa/3.0/ CC by-sa]''' (the latter is used by Wikipedia and is equivalent to the GPL used for much Open Source software). Doing so will enable a '''much wider re-use''' of your contribution and increase the efficiency of informing people about biodiversity. The organisations profiting most from the license will be non-profit initiatives, which can use the materials without legal risk. However, a publisher may indeed, with appropriate citation or your authorship, use your contribution in a book that does generate a profit. Such dissemination of knowledge on biodiversity is not essentially evil and may be in the interest of biodiversity education. Thus, each contributor is encouraged to balance the potentially lost profits against the increased benefit to society.
 
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This page originally held an overview by ''Gregor Hagedorn'', ''Daniel Mietchen'', ''Willi Egloff'' and ''Robert Morris'' written in 2011. The original work is still available by means of the page history. The authors have since published a revised and expanded version: ''Hagedorn, G. et al. (2011) Creative commons licenses and the non-commercial condition: Implications for the re-use of biodiversity information. Zookeys 150: 127-149. [http://dx.doi.org/10.3897/zookeys.150.2189 DOI:10.3897/zookeys.150.2189].'' Please refer to this article for in-depth information.  
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This page originally held an overview by ''Gregor Hagedorn'', ''Daniel Mietchen'', ''Willi Egloff'' and ''Robert Morris'' written in 2011. The original work is still available by means of the page history. The authors have since published a revised and expanded version: ''Hagedorn, G. et al. (2011) Creative commons licenses and the non-commercial condition: Implications for the re-use of biodiversity information. Zookeys 150: 127-149. [http://dx.doi.org/10.3897/zookeys.150.2189 DOI:10.3897/zookeys.150.2189].'' Please refer to this article or its updatable [[Creative Commons licenses and the non-commercial condition: Implications for the re-use of biodiversity information|wiki version]] for in-depth information.  
  
 
== See also ==
 
== See also ==
  
* [http://freedomdefined.org/Licenses/NC Erik Möller 2007: Reasons not to use a Creative Commons NC license]<ref name="möller2007"/> — an overview
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* [http://freedomdefined.org/Licenses/NC Erik Möller 2007: Reasons not to use a Creative Commons NC license] — an overview
 
:* [http://blogs.ch.cam.ac.uk/pmr/2010/12/17/why-i-and-you-should-avoid-nc-licenses/ petermr 2010: Why I and you should avoid NC licenses] — a personalized version of the arguments made in the link above
 
:* [http://blogs.ch.cam.ac.uk/pmr/2010/12/17/why-i-and-you-should-avoid-nc-licenses/ petermr 2010: Why I and you should avoid NC licenses] — a personalized version of the arguments made in the link above
* [http://commons.wikimedia.org/w/index.php?oldid=25264121 Wikimedia Commons 2009: Licensing Justifications]<ref>Wikimedia Commons 2009. Licensing Justifications. http://commons.wikimedia.org/w/index.php?oldid=25264121</ref>
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* [http://commons.wikimedia.org/w/index.php?oldid=25264121 Wikimedia Commons 2009: Licensing Justifications]
 
* [http://blog.okfn.org/2010/06/24/why-share-alike-licenses-are-open-but-non-commercial-ones-arent/ Rufus Pollock 2010: Why share-alike licenses are Open but non-commercial ones aren't]
 
* [http://blog.okfn.org/2010/06/24/why-share-alike-licenses-are-open-but-non-commercial-ones-arent/ Rufus Pollock 2010: Why share-alike licenses are Open but non-commercial ones aren't]
* [http://www.appropedia.org/Non-commercial_licenses_vs_open_licenses#Problems_with_non-commercial_licenses Appropedia 2010: Non-commercial licenses vs open licenses]<ref>Appropedia 2010. Non-commercial licenses vs open licenses Problems with non-commercial licenses. http://www.appropedia.org/Non-commercial_licenses_vs_open_licenses#Problems_with_non-commercial_licenses</ref> — Gives examples of societal cost of NC license in the context of self-help instructions/development programs
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* [http://www.appropedia.org/Non-commercial_licenses_vs_open_licenses#Problems_with_non-commercial_licenses Appropedia 2010: Non-commercial licenses vs open licenses] — Gives examples of societal cost of NC license in the context of self-help instructions/development programs
* TheHelpful.com (undated): Creative Commons: So what is 'commercial use'? http://www.thehelpful.com/creativecommons/what-is-commercial-use.html <!--Full text: "One of the most basic restrictions you'll see with content covered by a Creative Commons license is the non-commercial clause. -- This is a legal definition, so it is simple enough to find out exactly what that means. Well, simple in one sense. The definition of commercial use is broad, covering more than just obvious 'profit-making' uses. In practise, the term is equivalent to income-generating use of any kind, whether direct or indirect. If you use content for general research, even if not for any specific purpose, and you or your organisation generates income, that counts as commercial use. So does using content for pro-bono work (from the Latin pro bono publico, meaning 'for the public good', or working for free), if it also enhances your reputation or leads to income-generating work in any way whatsoever. -- Basically, if there's as much as a sniff of commercial interest in what you're doing then it counts as commercial use. There's also no such thing as fair use in commercial contexts any more. A European Union directive passed in 2001 was finally made law in Britain in October 2003, and this put paid to the 'fair use' clause which allowed 'small' portions of a work to be copied for commercially-related purposes. This is still allowed for non-commercial work. Further information can be found in the British Library's copyright FAQ, found at www.bl.uk/services/information/copyrightfaq.html.-->
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'''Related topics:'''
 
'''Related topics:'''
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*[http://megsplanet.blogspot.com/2007/10/missing-cc-license-cc-by-2-full-c-for-2.html Missing CC License - CC-By->2@ (full c for 2 years, then CC-BY??)] — Discusses a simple example of a time dependent licensing scheme
 
*[http://megsplanet.blogspot.com/2007/10/missing-cc-license-cc-by-2-full-c-for-2.html Missing CC License - CC-By->2@ (full c for 2 years, then CC-BY??)] — Discusses a simple example of a time dependent licensing scheme
 
* [http://pantonprinciples.org/ Panton Principles] — They deal with data sharing but make the point that anything non-CC0/PD ultimately creates reusability barriers because of license incompatibility. Therefore, CC0/PD is recommended for published data resulting from publicly funded research. Attribution should be achieved by way of social norms within the scientific community, not via copyright law.
 
* [http://pantonprinciples.org/ Panton Principles] — They deal with data sharing but make the point that anything non-CC0/PD ultimately creates reusability barriers because of license incompatibility. Therefore, CC0/PD is recommended for published data resulting from publicly funded research. Attribution should be achieved by way of social norms within the scientific community, not via copyright law.
* [http://creativecommons.org/weblog/entry/26283 Mike Linksvayer 2011: On licensing data base data]<ref>Mike Linksvayer 2011. CC and data[bases]: huge in 2011, what you can do. February 1st, 2011, http://creativecommons.org/weblog/entry/26283</ref> — On database licensing and CC0 dedication (not about "non-commercial").
 

Latest revision as of 11:54, 27 January 2012

Species-ID, like Wikipedia is a non-profit venture, funded only by public research funds and private in-kind donations. It is therefore possible to reproduce works licensed under the Creative Commons attribution non-commercial share-alike license on Species-ID. However, we recommend to use the Creative Commons attribution or Creative Commons attribution share-alike licenses instead.



This page originally held an overview by Gregor Hagedorn, Daniel Mietchen, Willi Egloff and Robert Morris written in 2011. The original work is still available by means of the page history. The authors have since published a revised and expanded version: Hagedorn, G. et al. (2011) Creative commons licenses and the non-commercial condition: Implications for the re-use of biodiversity information. Zookeys 150: 127-149. DOI:10.3897/zookeys.150.2189. Please refer to this article or its updatable wiki version for in-depth information.

See also

Related topics: