Special legal issues with 512 takedown notices and Creative Commons licensed material

One common Creative Commons(CC) license is the CC noncommercial share-alike license (podcast, blog, mash-up) which is used by creators to allow others to distribute, adapt, and build upon their work noncommercially.

If you find your CC content on another video podcast that is using it commercially (ie placing ads, selling access to the content), then that use would be outside the license you offered, and you may have the right to sue.

You have a few options.  You can send your own takedown notice to the ISP or website, and if that doesn't work you may be able to sue the individual under copyright law.

However, there is a grey area when it comes to web hosting services. A user may upload a video that includes your copyrighted material.  Even if the user is not making money, however, if the web hosting service or anyone else is exploiting the work with advertisements or access charges, the original creator would likely have the right to send a takedown notice to the service to have the infringing work removed from the service.

Also, if you reuse CC non-commercial content in your work, consider where you are posting your works and the agreements that certain services require you to make.  You can use CC noncommercial content on YOUR OWN hosted website, but when you upload to services that have advertising or other ways of exploiting the work commercially, you may be in a grey area.)  As always, just contact us if you have questions about posting a work that includes CC licensed comments.

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