For Approval: Academic Citing License

Johannes Kaiser jkaiser at geo.unizh.ch
Tue Sep 28 21:17:30 UTC 2004


On 28 Sep 2004, at 10:48, Lasse Reichstein Nielsen wrote:

> On Tue, 28 Sep 2004 08:21:50 +0100, Marius Amado Alves 
> <amado.alves at netcabo.pt> wrote:
>
>>
>> Evan Prodromou wrote:
>>> ... Some CC licenses say that you can't distribute
>>> or perform the work or derivative works for 'commercial advantage' --
>>> not that you can't _use_ them for commercial advantage.
>>
>> Duh? Perform is not use? I'm a composer. What other use of my work 
>> can there be other than perform it?
>
> Performance is use, Evan Prodromou didn't say otherwise. It's just that
> not all uses are performances in the terms of Copyright law.
>
> In copyright terms, a performance is *public*, it is one of the ways an
> author/copyright holder can publicise his work. Merely playing the 
> music
> for yourself, or in a private setting, is not a performance. Even 
> playing
> it for yourself, as a private person, in a commercial setting, is not a
> performance.

The analogy in the case of a computer program would be: Running it and 
publishing the results would be "performance" and thus "use". Requiring 
conditions for the publishing would therefore interfere with the "no 
restrictions on use" idea.




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