Legal Question in Technology Law in California

Commercial - Non-Commercial

I was wondering what defines non-commercial.

I want to include music in my videos on the site YouTube but I wanted to make sure I wasn't breaking any copyright laws. So I found a website that has music under the Creative Commons licenses. I understand that Creative Commons is only for non-commercial uses right? But what exactly does that mean? Is it if I am trying to sell the video that I use the music in or what?

Thanks.


Asked on 7/13/09, 6:28 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Commercial - Non-Commercial

I think you're on the right track in your belief that selling your video would definitely put you in the commercial realm. However, I don't think selling or intending to sell covers the full range of things that might be considered commercial use. Giving it away might be included, or publishing or broadcasting it so that others could obtain the material MIGHT also be deemed commercial. The concept is that the copyright owner doesn't want (a) its market to be diluted, or (b) to lose control of copying, publishing, broadcasting, distribution, etc.

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Answered on 7/13/09, 8:22 pm


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