Re: Do you consider charity shops non commercial?
On Sun, Apr 15, 2012 at 4:33 AM, Tristan Hill wrote:
> I volunteer in a charity shop in the UK (details of the charity can be seen
> on http://www.wnaa.co.uk/, basically we fund helicopter ambulances, there is
> no charge for this service) and would like to find out if playing CC
> by-nc-sa licensed (from http://magnatune.com/) music in the public space of
> the shop counts as non commercial.
>
> I have seen the text referring to non commercial on
> http://magnatune.com/info/licensing, which refers to the text of the
> by-nc-sa license. My understanding of this text would be there is no intent
> for commercial advantage so would meet the terms of the license. However, I
> would like to clarify this for sake of the charity. Have you come across
> this situation before or otherwise comment?
I would suggest you need the advice of a lawyer rather than of debian-legal.
The term "non-commercial" is open to interpretation and therefore
could mean different things depending on the licence and the opinions
of the licensor.
If I were the copyright holder in this situation I would consider your
charity non-commerical.
If I were the artist in this situation I would probably have had to
assign my copyrights to a record label or an organisation like the
RIAA.
Organisations like the RIAA might point out that since you sell stuff
from your website, you are therefore a commercial organisation, the CC
NC licenses do not meet your needs and you should instead negotiate a
commercial license and pay licence fees.
This is the relevant section of the CC NC licenses:
You may not exercise any of the rights granted to You in Section 3
above in any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The exchange of
the Work for other copyrighted works by means of digital file-sharing
or otherwise shall not be considered to be intended for or directed
toward commercial advantage or private monetary compensation, provided
there is no payment of any monetary compensation in connection with
the exchange of copyrighted works.
It sounds to me that there is no risk of you infringing that section
since your playing of music will not require payment.
Personally, I wouldn't bother with CC NC music, there is plenty of
plain CC music out there, at jamendo.com for example.
You should also be aware of the "Public Performance" provisions of the
CC licenses.
--
bye,
pabs
http://wiki.debian.org/PaulWise
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