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General Discussion

CC questions

Of Far Differen...
Thursday, July 30, 2020 - 10:39
Of Far Different Nature's picture

Hey,

I have two questions for the CC pros.. I'm currently building a track around an acapella vocal sample, that has been released under CC BY-NC.

1. Can I release my track/edit as CC BY-SA, which is even more restrictive than CC BY-NC, I'd say, or does it need to be CC BY-NC?

2. Do you think a pay-what-you-want system with a minimum payment of 0$ is compatible with CC-BY NC? It should be fine with the other CC licenses, I guess. (So it is CC BY-NC which is more restrictive?)

Thanks in advance!

Fabian

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MedicineStorm
joined 9 years 11 months ago
Thursday, July 30, 2020 - 11:43
MedicineStorm's picture

1. No. It must be CC-BY-NC. Also, I don't believe -SA is more restrictive than -NC.

2. No. -NC is a nightmare. The technicalities go on for days. Putting a free game on a site that has ads could be a violation. You can always ask the author if they're ok with your intended use, but I wouldn't rely on the courts to decide what trivial source of revenue from a completely indirect association constitutes "commercial".

Yes it is fine with other license (except -ND possibly). Yes, -NC generally ends up being more restrictive, even for non commercial applications.

Sorry if this is not the news your were hoping for. Then again, I'm not a lawyer. The best way to use -NC is to contact the author directly and ask if they're cool with how you plan to use it. Even if your usage technically violates the legalise, that doesn't matter as long as the author is ok with it. Get it in writing* and in very clear terms, though.

*A copy of an email showing timestamp and both to: and from: addresses usually counts as "in writing"

--Medicine Storm

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Of Far Differen...
joined 2 years 9 months ago
Thursday, July 30, 2020 - 12:06
Of Far Different Nature's picture

Hhmm, that's bad news indeed :D Guess I will contact her as you say then.

These complications might be the reason why for example YouTube does not support BY-NC.

Anyway, that helped a lot, thank you!

Fabian

--

https://fardifferent.carrd.co/

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