It is currently Tuesday, December 10, 2013 9:35am
What constitutes commercial use?
I've been using CC music for a while, mostly by contacting producers and artists directly on Soundclound and telling them exactly what I want to use their music for.
I would like to start using music from this site but want to know exactly what constitutes commerical use.
I make short videos that are exclusively hosted on YouTube. I receive a small amount of cash sponsorship each month from three companies to carry their logo in the vid and be mentioned in the description.
The videos are not and will not ever be PPV or sold via DVD or similar.
Are my videos commerical due to this advertising?
Thanks in advance
For better or for worse, CC's definition is somewhat open to interpretation because they couldn't have foreseen every type of use that might arise along with new technologies. So in 2009, Creative Commons addressed this issue with a survey into how the public defines noncommercial use: http://creativecommons.org/weblog/entry/17127
The results of this survey demonstrate that people's opinions differ, and so some might interpret paid sponsors' logos appearing in a video as advertising/commercial use. With that in mind, reaching out to the artist first sounds like the best way.
It's a long process but it does solve a lot of problems by definitely getting written permission. As a commercial Free radio station and playing non mainstream alternative music CC BY SA, CC BY etc isn't a problem, but CC BY NC is just that, NON COMMERCIAL, which is very confusing and the most restrictive form, especially for new artists trying to get exposure. That is why, even in our case of being commercial free and a listener supported radio station, you still must get permission as far as I understand it. We launch on the first day of spring and it's been a long 7 months of getting written permissions let me tell you. But fun non the less as most artists are very positive.
Good point re the positivity!
I've found almost all artists to be extremely receptive and happy that someone wants to use their music, so long as they're not losing out on a payday. I find generally that most artists who release under CC license have no problem in negotiating terms for specific cases, so long as the user is open and honest about their intentions.