Indirect benefit using CC BY-NC-SA 4.0 licensed content

Question

Lets say I have a web page where I use CC BY-NC-SA 4.0 licensed video and use it for non-commercial purposes. Particularly, I do not charge for it.

And in the same webpage I have other video content that I made myself and I sell it.

If the first content is popular and users like it then the video will attract more users to my website and possibly they can buy second video. Somehow the first video might play a marketing role.

If this scenario happens do I violate CC BY-NC-SA 4.0 terms?

The license states that: CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.”

But I could not understand much details what "primarily intended" means in terms of law?

Thanks.

Answer 1

I am referring to the license language shown on this page: https://creativecommons.org/licenses/by-nc-sa/2.0/legalcode , not to the human-readable summary.

What you are trying to do looks like 'Collective Work' as defined in 1.a . Rights for collective works are granted in section 3.a .

There is a restriction that is especially relevant for you in section 4.c "You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation." This language is broad and includes/covers the rights granted in 3.a. This means that if your website is meant to provide a commercial advantage to you (and this covers the selling of other videos), then you do not have the rights to use any free content licensed under cc-by-nc-sa.