2

If I had a stock photo site that contained a mix of free Creative Commons licensed photos and commercial stock photos (where I make a commission), would I be allowed to include photos licensed under CC BY-NC-ND 4.0?

I know BY-NC-ND prohibits commercial use or derivative works, but I'm not clear on what the "boundary" is. If I'm not making money directly off the BY-NC-ND photos, but they are part of a larger web site which does make money, is that considered commercial use? Or if I show a list of related photos under a BY-NC-ND photo, is that web page a derivative work?

Improve this question
1
  • 1
    Creative Commons licenses with NC and ND attributes are not considered open source according to the OSI or free software according to the FSF. So this question is a bit off topic.
    – ecm
    Jul 6 at 14:20

1 Answer 1

Reset to default
2

The simple answer is "no-one is clear where the boundary is", particularly for the non-commercial bit; what is a derivative work is a bit better defined because there are extensive judgements on that matter - most jurisdictions allow some form of aggregation without it being a derivative work.

Improve this answer

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge that you have read and understand our privacy policy and code of conduct.

Not the answer you're looking for? Browse other questions tagged or ask your own question.