Tuesday, May 25, 2010

Does raising money for charity count as non-commercial under "creative commons" license?

I've been writing a blog for a while that combines images from Flickr which are licensed under creative commons (non-commercial) with select quotes. After several requests, I'm now considering turning it into a book of sorts, via Lulu.com.

Because of the license terms and spirit of what I'm doing, I'm not looking to make any money from this personally. However, it seems it could be a good opportunity to help a charity.

Would it be allowable under the terms of the creative commons license for me to charge say $1-2 extra on top of the cost from Lulu for printing/shipping, with the full extra amount going to a nominated charity?
Answer:
The terms of any Creative Common license are set forth in the license, and each has specific things that are allowed and forbidden.

Generally, you are not allowed to charge extra above printing/handling/shipping costs -- but you can solicit donations to charity as part of the transaction. Thus, you can sell the book for $10, but if the buyer wants to pay $12 you'll donate the extra to charity. That's allowed under most Creative Commons licenses.

But also check your local state/country regulations for collecting money for charities.
But be prepared to prove that the full extra amount going to a nominated charity. Keep careful and detailed records. You can be audited. In the US file with the IRS the first year documenting this.
It might work if you form a non-profit organization, register it with the state's Attorney General's office of charity supervision, and receive IRS recognition of its charitable status, say, 501(c)(3).

Otherwise, you are at risk that some state or federal law will be interpreted as meaning your actions are for your own personal opportunity, and not charitable, as you claim, and you will be personally responsible for paying everyone back.

No comments:

Post a Comment

 


Do you think © 2008. Design by: Pocket Web Hosting

vc .net