National Museum of Lithuania as approved image source [solved]

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This message aims at: reporting the permission from a website to use their pictures on Numista

Status: Done
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Do you need National Museum of Lithuania as approved image source?

 

For example https://www.limis.lt/valuables/e/805191/646996189?searchId=76097340

 

They attached CC BY-NC-ND license to information about their exhibit. Image license allows its use (non-commercial) without asking for museum's permission.

 

Related coin page - N#426145

 

Not all images on limis.lt have some license.

Status changed to Done (Compendium, 11 Nov 2024, 12:04)

Done

I don't get it. Numista is commercial. Why are we allowed to use the pictures?

Trooper8

I don't get it. Numista is commercial. Why are we allowed to use the pictures?

Maybe I'm wrong but I don't consider Numista as commercial

“Commercial” from my understansing is for when you use assets to sell stuff (like: printing the image on a mug and selling the mug)

All Numista information are freely usable.

But I let @Xavier  decide as I may be wrong

We have a dozen of those already in DB 

 

Hello,

 

The definition of Non-Commercial is quite vague: “NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation.”


Creative Commons doesn't provide any clarification, but they had a survey about how people understand the concept of “Non Commercial”, which reveals that:

Over 3 in 4 of both creators and users consider uses in connection with online advertising […] to be “definitely” commercial.

 

Since most picture creators consider that using their pictures on a website such as Numista (who earns money with advertising) is not allowed with a “Non Commercial” license, we should respect this interpretation and not force them in a usage they probably didn't want.

 

In the past, we contacted several organizations with pictures under a CC NC licence to ask for an explicit permission. Some of them accepted (and wanted that we still specify the CC license), others didn't accept.

We should do the same for the National Museum of Lithuania.

Xavier owns that decision but please note I disagree about the interpretation : Numista's use of images is absolutely not primarily intended to generate money imho.

 

More globally, we ask ourselves way too many questions regarding copyright of coin images: they are not creative work at all, and the very fact to ask permission to reuse photo is only about politeness from my perspective, not legal. 

 

"CC’s NonCommercial (NC) licenses prohibit uses that are “primarily intended for or directed toward commercial advantage or monetary compensation.” This is intended to capture the intention of the NC-using community without placing detailed restrictions that are either too broad or too narrow. Please note that CC’s definition does not turn on the type of user: if you are a nonprofit or charitable organization, your use of an NC-licensed work could still run afoul of the NC restriction, and if you are a for-profit entity, your use of an NC-licensed work does not necessarily mean you have violated the term. Whether a use is commercial will depend on the specifics of the situation and the intentions of the user.

In CC’s experience, it is usually relatively easy to determine whether a use is permitted, and known conflicts are relatively few considering the popularity of the NC licenses. However, there will always be uses that are challenging to categorize as commercial or noncommercial. CC cannot advise you on what is and is not commercial use. If you are unsure, you should either contact the rights holder for clarification, or search for works that permit commercial uses.

CC has a brief guide to interpretation of the NC license that goes into more detail about the meaning of the NC license and some key points to pay attention to. Additionally, in 2008, Creative Commons published results from a survey on meanings of commercial and noncommercial use generally. Note that the results of the study are not intended to serve as CC’s official interpretation of what is and is not commercial use under our licenses, and the results should not be relied upon as such."

In this case my point was that I did not ask museum's permission to use those images. They themselves put those images on public website and attached CC license with non-commercial use restriction. CC license allows me or others use their copyrighted image as long as I follow restrictions set on CC license. I tried to use image with CC NC license in coin modification and referee told to get museum approved.

 

Trooper8

I don't get it. Numista is commercial. Why are we allowed to use the pictures?

Copyright owners can give numista permission to use images from their public sources (websites). If you open numista pages with coin images, you will probably see © mark below coin image indicating source and owner of image. If somebody decides to copy those images from numista, they are expected to follow copyright laws. If they do not have copyright owner's permission to use image, they are not allowed to use images from numista.

 

While numista might be commercial entity, they allow their users to contribute to catalogue under CC NC license. If at some point numista decides to sell catalogue data and not their “use of catalogue with extra options” subscription service, they would have to strip NC contributions from sale.

Compendium

More globally, we ask ourselves way too many questions regarding copyright of coin images: they are not creative work at all, and the very fact to ask permission to reuse photo is only about politeness from my perspective, not legal. 

Indeed, it's primarily about respecting the authors of the pictures.

If there are 75% of chances that the author thought that their chosen license would not allow to reuse their pictures on a webpage with advertising, politeness and respect would lead to ask for an explicit permission.

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