noncommercial

Is Gatehouse’s Complaint a Problem for Creative Commons?

Fred Benenson, January 23rd, 2009

You may have heard about Gatehouse Media suing the New York Times Co. over the linking of Creative Commons licensed news stories on the Times’ Boston.com. Zachary Seward over at the Nieman Journalism Lab has been covering the various developments of the case and most interestingly, an e-mail from Howard Owens (whom we highlighted in our original post on Gatehouse media adopting CC) where he points out that:

… a few graphs and a link back to our site isn’t a Creative Commons issue, but a fair use issue, and they would probably win on that one.

Today, however, Seward posted a piece on how CC’s NonCommercial license plays into the case. Featuring an interview with David Ardia of The Citizen Media Law Project at Harvard’s Berkman center, Seward suggests that the issues CC is currently investigating surrounding NonCommercial complicate the case.

We respectfully disagree.

Put simply, we do not believe that CC licenses, or our research on the definition of NonCommercial are relevant to Gatehouse’s complaint. The real debate is about fair use — just as Howard Owens pointed out in his e-mail to other Gatehouse staff. Creative Commons licenses do not prohibit fair uses of CC licensed content. This means that a NonCommercially licensed work (such as Gatehouse’s) can be used commercially so long as the use is fair.

Is The NY Times Co. using Gatehouse’s content fairly by linking to it using snippits and headlines? We’ll leave that up to the courts to decide, but if the famous Perfect 10 v. Google Inc. case is any indicator, condensing and linking content by third parties has been upheld as a fair use in court already. There are obviously differences between the Perfect 10 case and this one, but if the Gatehouse claim were upheld, it would do far more damage to fair use than Creative Commons ever could.

The EFF reports that the trial is set to begin on Monday. Watch their page dedicated to the case for further developments.

UPDATE: The suit has been settled, download the joint statement here. Also, it should be noted (as Gatehouse counsel has pointed out below), that Howard Owen’s original e-mail was not in fact referencing the NYTimes’ usage of Gatehouse CC’d content, but another party’s use of it.

7 Comments »

NonCommercial study focus groups next month: SF, NYC, and online

Jennifer Yip, January 20th, 2009

As previously announced, Creative Commons is researching “noncommercial use”. Last year we conducted a number of focus groups and fielded a survey (thank you everyone who responded!) designed to collect information about how creators understand the distinction between commercial and noncommercial uses of their content. Now we want to talk to people about their experience as users of content they find online, regardless of whether the content is licensed under a CC license, with or without the NC term, or even licensed at all.

We hope to connect with individuals and organizations from a variety of communities and industries, using a variety of content, in many different media. We seek insight and experience, not any endorsement of Creative Commons, its licenses, or any particular perspective.

We are currently scheduling a limited number of in-person focus groups, to be held in New York City, on Thursday, February 12, and San Francisco, on Tuesday, February 17. In order to get input from persons who live outside these regions, we are also conducting a limited number of online bulletin board type focus groups, which will take place over the course of three days, from Wednesday, February 18 through Friday, February 20. The time commitment for both the in-person and online focus groups is approximately two hours. Please note and understand that all groups, including the online focus groups, will be conducted in English. Unfortunately, we are not able to cover any travel or other expenses you may have in connection with participating.

If you are interested in participating in one of these focus groups, please fill out a questionnaire, which will explain what we plan to do with the data we collect, and will also ask you for some basic background information.

There are a limited number of spaces in each focus group. Please understand that we may not be able to respond individually to everyone who fills out the questionnaire, but if you are selected to participate, we will contact you as soon as possible to confirm your participation.

Thank you for your interest and help with this study.

3 Comments »

Report from Creative Commons’ December 2008 board meeting online

Mike Linksvayer, January 13th, 2009

CC CEO Joi Ito notes that we’ve just posted a summary of CC’s December 2008 board meeting:

Highlights included the CC Network, progress with the Free Software Foundation with respect to CC and the GFDL, CC0, integration with additional tools such as Picasa, the “Defining Noncommercial” study, partnership with the Eurasian Foundation, the fall fund-raising campaign, website updates, updates from Science Commons and ccLearn and the launch of four new jurisdictions – Romania, Hong Kong, Guatemala and Singapore.

See our June 2008 board meeting summary, or for more excitement, video of the Berkman/CC event from the night before the December board meeting. Video from the CC tech summit of the same day will be up very shortly.

Comments Off

NonCommercial study questionnaire extended to December 14

Mike Linksvayer, December 5th, 2008

Creative Commons is conducting a study on the meaning of “NonCommercial” and you can weigh in by answering a detailed questionnaire on the subject. We’ve extended the deadline for participation to December 14 (originally December 7) as we’re still getting healthy response via all those who blogged about the questionnaire this week.

Full disclosure: taking the questionnaire requires a significant investment of time — 15 to 25 minutes, and it isn’t an “easy” questionnaire — you’ll have to think. Unfortunately the meaning of “NonCommercial”, or at least people’s understanding of the term, is a nuanced issue (we’ll see what the results actually say about that, after analysis), requiring nuanced, even difficult questions to tease out the sub-issues. So a huge thanks to those who have participated, and thanks in advance to those who will. If you’re ready, go on and take the questionnaire.

For a bit of further background, see our previous post on the questionnaire.

Thank you!

7 Comments »

Urgent: Your input needed for “NonCommercial” questionnaire

Mike Linksvayer, December 2nd, 2008

As previously announced, we’re running a questionnaire on understanding “NonCommercial” use. The questionnaire runs through December 714. It takes 15-25 minutes to complete.

Click here to start the questionnaire.

Your input is greatly appreciated. CC CEO Joi Ito explains:

“The study has direct relevance to Creative Commons’ mission of providing free, flexible copyright licenses that are easy to understand and simple to use,” said Creative Commons CEO Joi Ito. “The NC term is a popular option for creators choosing a Creative Commons license, and that tells us the term meets a need. However, as exponentially increasing numbers of works are made available under CC licenses, we want to provide additional information for creators about the contexts in which the NC term may further or impede their intentions with respect to the works they choose to share, and we want to make sure that users clearly understand those intentions. We expect the study findings will help us do a better job of explaining the licenses and to improve them, where possible. We also hope the findings, which will be made publicly available, will contribute to better understanding of some of the complexities of digital distribution of content.”

You can also help by sending your friends and colleagues to the questionnaire.


If you don’t have time to help CC in this way, remember that we’re in the midst of our annual fundraising campaign.

Contributing in both ways would be ideal. :-)

CC licenses are an important* part of the digital infrastructure and debate. Your financial contributions and your feedback are both crucial to the ongoing development of this infrastructure.

Click here to start the questionnaire.

* The ‘important’ link above points out a recent extraordinarily important and visible use of the CC BY license, which does not include the NC term. As Joi points out in the quote above, we also want to provide information about contexts in which NC is not appropriate. So please take the questionnaire if you care about public copyright licenses, even if you don’t like or don’t use ones with the NonCommercial term. Thanks!

14 Comments »

Non-Commercial study questionnaire

Mike Linksvayer, November 25th, 2008

As previously announced, Creative Commons is studying how people understand the term “noncommercial use”. At this stage of research, we are reaching out to the Creative Commons community and to anyone else interested in public copyright licenses – would you please take a few minutes to participate in our study by responding to this questionnaire? Your response will be anonymous – we won’t collect any personal information that could reveal your identity.

Because we want to reach as many people as possible, this is an open access poll, meaning the survey is open to anyone who chooses to respond. We hope you will help us publicize the poll by reposting this announcement and forwarding this link to others you think might be interested. The questionnaire will remain online through December 714 or until we are overwhelmed with responses — so please let us hear from you soon!

Questions about the study or this poll may be sent to noncommercial@creativecommons.org.

22 Comments »

Creative Commons Launches Study of “Noncommercial Use”

Eric Steuer, September 18th, 2008

Today, Creative Commons announced the launch of a research study that will explore differences between commercial and noncommercial uses of content. The study will explore how the definitions of “commercial use” and “noncommercial use” are understood among various communities and in connection with a wide variety of content.

“The study has direct relevance to Creative Commons’ mission of providing free, flexible copyright licenses that are easy to understand and simple to use,” said Creative Commons CEO Joi Ito. “The NC term is a popular option for creators choosing a Creative Commons license, and that tells us the term meets a need. However, as exponentially increasing numbers of works are made available under CC licenses, we want to provide additional information for creators about the contexts in which the NC term may further or impede their intentions with respect to the works they choose to share, and we want to make sure that users clearly understand those intentions. We expect the study findings will help us do a better job of explaining the licenses and to improve them, where possible. We also hope the findings, which will be made publicly available, will contribute to better understanding of some of the complexities of digital distribution of content.”

You can read more about this news in the press release CC issued this morning.

Thank you to The Andrew W. Mellon Foundation for its generous support of this study.

29 Comments »


Page 2 of 212

Subscribe to RSS

Archives

  • collapse2014
  • expand2013
  • expand2012
  • expand2011
  • expand2010
  • expand2009
  • expand2008
  • expand2007
  • expand2006
  • expand2005
  • expand2004
  • expand2003
  • expand2002