Legal Question in Technology Law in New York
Adsense & commercial definition of website
I am planning on running a free website - not selling anything, just generating content for which I am also planning to source some images which have noncommercial Creative Commons license.
If I decide to have adsense running on my website (adsense is a website plugin which automatically places advertisment by google - the website owner (ie me) only receives money (few cents) per click on each ad.
Would adsense usage on the website make its status as commercial? Is there a threshold to the amount of money generated by the ads to make a distinction bewteen commercial/noncommercial
1 Answer from Attorneys
Re: Adsense & commercial definition of website
The volume of dollars generated doesn't, in and of itself, make the site commercial or otherwise. The fact that it is being used in an attempt to generate revenue for a for-profit enterprise makes it commercial -- whether it is successful or not.
You need to fully understand the CC license terms and conditions as they apply to your situation. You also need to ensure that you have the complete rights to the other content you describe in terms of your anticipated use (and, therefore, will need a valid, enforceable and workable acceptable use policy for the site itself).
You can try to undertake the tasks of analysis and drafting yourself but this is complicated, intricate and interrelated stuff. My advice, though it may sound self-serving, is to consult an experienced IP attorney for both tasks (analysis and drafting of the AU policy). The problem here is that violations by you of others' IP rights carry hefty burdens both financial and potentially criminal.
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