What exactly is commercial?

There;s some info on that on one of the other 'licensing' threads. The easiest way would be to add one extra line to the embed code:
so.addParam('menu','false');

I build a Homepage for a club.
We only want to inform the people and don't earn any money.
I think, it's noncommercial, but I want to make sure.
Thx for your help!

PS: Apologize my English. ;)

Hello Jeroen Wijering,

my name is Peter, I write this message from Hungary. The second largest political party (FIDESZ) is using your player on their website. Check if the payed for it. :)

http://www.fidesz.hu/

Hi Jeroen,

We have just realized that your Flash Player is being sold imbedded within each copy of the program Clone.gr is selling. I realize that you distribute your Flash Player on a Creative Commons license for "NON-COMMERCIAL" use and charge a 15 Euro fee for commercial use. I first of all don't know if Clone.gr has applied for any license at all and if so, whether they have the legal right to resell your Flash Player. We are using your player on a site as a result of having purchased the program from Clone.gr. The site we are using it on is presently non-public as it is still under development. It will be a free Social Networking site once completed and will contain some advertising. We are certainly willing to pay for a commercial license. Clone.gr granted a license for the entire program, which includes your Flash Player, but may not have the right to sub-license your Flash Player, unless you have issued them the right to sub-license it.

Can you please advise me as to whether we have obtained your Flash Player lawfully. If not, we will apply for a Commercial license directly from you immediately. We are presently in the process of licensing other portions of the program as well.

Thank you very much,

Todd Johnson
Network Administrator
FTC Networks, LLC

@Steef and @Peter: club or party homepages are just noncommercial, so it's no problem to use the scripts for free.

@Todd: Clone.gr does indeed own an unrestricted license (nr. 1787), so you won't have to apply for another license with me. Thanks for checking though!

Hey JeroenW,

Nice flash scripts man, I love them. I'm work for a company that makes web pages. I thought I would throw these questions out to you just in case others find this and have the same questions.

Just to be clear about copyright, here in the United States we have an interesting Copyright situation in that if a customer comes to us and asks us to build a website for them, they end up owning copyright. Which would mean that the customer would have to maintain licensing, if that customer of ours in a non-profit/non-commercial customer, if I understand they wouldn't need to get a license, correct? Does it matter if we a commercial company use it on their website for them or do you require that the developer get and maintain the license?

Just to be clear the copyright information that describes the ownership here in the united states can be [url=http://www.copyright.gov/circs/circ9.html ]found here[/url], a lengthy but easy read.

There are all sorts of small discrepancies with my licensing system, the Creative Commons and various rural copyright rules. I prefer to use a rule of thumb: if you're a design company building websites, or if you're a company making money with your ownwebsites, you should get a license. If you build / own lots of websites, you can use the unrestricted license. All not-for-profit use is free, as is all "little-profit" use (e.g. a weblog with google ads or a small band selling cd's online).

Hello,

may i ask which license our company needs to purchase to use JW FLV PLAYER in its advertising CD (HTML content)?

Thanks

Hello Jeroen!

Your scripts are really awesome! I am building a community website for freelancers, which they can use your player for showcasing their works. I just put google ads on the site. Wondering if I need to buy a license.

I really appreciate all the work you've done. You are very talented!

@Marek: if it's for one CDROM, you need just one license.

@victoria: never mind the few Google ads; it doesn't look like you want to make profit from this site. You can use the scripts for free.

Hey Jeroen,
you are a hero, I've never seen something like the stuff you do. GREAT scripts.

Hey Jeroen, we are building a real estate recruiting site for our office and would like to use your flash player to show a video about the benefits of joining our office. Do we need a licence for that?
Thank you.

@John: yes, but a single license will suffice.

hi jeroen,

we used this mp3-player for a band-website:
http://www.massivebomb.de/preview/media.html

this site says it's your player:
http://www.projects.solarvistas.net/X-Joom/

is that correct? maybe an older version of your mp3-player?
if so, can we use it?

greets,
georg

forget about my last post, we want to use your new player :)
do we need a license?
http://www.massivebomb.de/preview/media.html

greets,
georg

Hello! i'm working on a website featuring trailers for games. Is that commercial? we don't earn a lot of money trough it. although, if you consider it to be a commercial site, i'll buy a licence.

Can i allow people to embed videos from my server on their site? like youtube does? if not, what licence do i need?

Do I need a license for a non-commercial website? [url=http://www.ec-photo.com]My web photo albumclick here[/url]

@georg: nope, no license is needed. Good luck with the band!

@Mario: If you earn money through the site, you should get a license (it's only 15 euros). You can make an embed link for visitors indeed, just give them a single "embed" code that links to the swf player on your website. At [url=http://www.jeroenwijering.com/extras/wizard.html]this page[/url] you can see what this embed code looks like.

@Kenny: No no, noncommercial use is free (under the CC license).

Hi,

i'm building a website for a registered carnival association.

On this website, they like to presents some tv-spots dealing
with activities of this association to their members and
visitors.

I'm not sure if they are commercial or not.
Normally such an association get money from their members and
during activities. With this money they start other activities,
carnival parades and more for members and guest.
Perhaps you'll like to have a look at their website, it's the
Link i've added. But i'm sorry, this page is only in german.

Do they need a licence of the JW FLV PLAYER or can they use
the player for free?

Please answer per email to info@semmet-online.de as well because
i only build the page and if they'll need a licence, they'll
have to pay for it, too.

Thanks a lot in advance

Markus

No problem Markus, you can just use the player for free. I'll send an email as well!

Hoi Jeroen,

I´m studying product design at the ABK Maastricht. Now I would like to use your JW FLV Player for the portfolio and exhibitions section of my website http://www.rozsnoki.com . At the moment I don´t earn any money through my website, but that may change in the future. From what amount of money earned through the website do you consider it commercial or is a portfolio per se commercial, as it will be my job and I would like to earn money through it?

By the way, I also have a suggestion for the customization of your players: As many people already use a favicon.ico file for their websites, maybe it wouldn´t be to difficult to include an optional place (flashvar) for a favicon.ico in the control toolbar of your scripts. So the customization could be standardized through a flashvar like "image" or "logo" and you won´t be bugged so much by people asking for it anymore.

groetjes
Laszlo

If you're a fulltime freelancer, you should indeed apply for a license (15 euros). There's no exact limit or treshold I consider. As to the favicon, there already is a "logo" flashvar anyone can use to load a logo into the player.

Hi,

I've just started a new site for letting people post free property listing.
However I do allow people to put paid advertisment so as to cover my operating cost.

The problem is that currently this site is still new and the traffic is extremely low. I don't even know whether anyone will ever pay to advertise in my site. So can I use your image rotator for free until the day I make money.

That's no problem. For now, it's just a nonprofit job.

Hi! I've read through all questions about what is commercial, but all the same I'm not shure in our case.

Me and my partner are employees of public psychiatric healthcare in Sweden and we're building a website for psychiatric out-patients. We found your really nice mp3 and mediaplayer and are planning to use it on the website. Public healthcare is definetly not commercial but if all works out well the use of the player in our healthcare could be more widespread. So, what do you say? Commercial license or non commercial license?

Thanks in advance
Mikael

Hi Jeroen,

I would like to use your FLV player on our site, but do not know if a government website would be classed as commercial or not. Could you give me your opinion?

Thanks
Donny

Donny and Mikael, both your sites are noncommercial. You can just use the player!

Hi did you notice www.nos.nl is using the 3.11 version of the player. Dono if the NOS is making profit but this is big time use.

Great player btw,
Hans van den Berk

They're not in my license list, so I'll send them a mail. Thanks for the info!

Hi Jeroen,

I'm building a website for a band and would like to use your mp3-player on it. The band has been around for years and years and has released lots of albums already, so I assume that this website could be considered commercial. I thought I'd just check with you to see if I've understood correctly.

The website itself has only promotional value, nothing is sold through it.

Great player!

-E

Hallo Eetorvelo, this sound commercially indeed. Please apply for a (single) license.

Okay, got a license now! Thanks!

Have a small business selling hobby DVD's, currently have 7 products and would like to show 7 individual players - do I need a license for each player on the same website or is a single licence OK?

Thanks

Use by public institutions, schools et cetera is indeed free! It's covered by the CC license. Use on a company website always requires a license.

And the fee is indeed one-time and also valid for future upgrades...

Yes, any use by noncom agencies is covered by the CC license. You don't have to buy a commercial one.

Hi Jeroen!

First of all we wanna say :your scripts are awesome!!!

Jeroen, We would like to use your Flash mp3 player version 2.0, JW FLV PLAYER 3.13 and JW Media PLAYER 3.13 on our website which is promoting our artists and other artists from our country and please note our website is generating revenue from advertising. So we wanted to know if in our case we should purchase a license for your players and if so how much is it gonna be? We were also wondering if you could modify for us your mp3 and flv players by removing the " Flash MP3 player 2.0 by Jeroen Wijering" as well as the link to your website or change it to show ours? How much is it going to cost us?

Please let us know.

Thanks in advance.

Thanks for the player as this answered my question.. As I will have to purchase a license once i get this implemented and working properly and hopefully we get the preroll and postroll for ADs added back to the next version like 3.12 was..

Regards,
Rick

@KinWeb prod: You should apply for a single license (15 euros). Note that you can easily change the rightclickmenu text with the "abouttxt" and "aboutlnk" flashvars! No code changing is needed.

@subfighter.com: parts of the ad setup will be returned. Not the blocking of the interface though...

Hey Jeroen!

Would you mind explaining to us how to do so? How to change the rifghtclickmenu text with the "abouttxt" and "aboutInk" flashvars for the flash mp3 player version 2.0 and for the JW flv player?

Thanks in adavance.

Hi Jeroen

Absolutely love your scripts. I want to use the FLV player and the MP3 player on this [url=http://www.apnachill.com/]pakistani music[/url] website. The navigation on the Mp3 player is awesome. Now the site has adsense on it, but only makes a pittance (i dont even know why I have it). Do you have like a limit on how much you can make on adsense. advertising... b4 the site is deemed commercial. is it commercial att he moment?

Secondly, how easily will the players integrate with phpfox? To be honest, i'd probably buy these anyway as commercial just to show an appreciation of the products. After all we are only talking 15 euros!

Hello Jeroen,

I'm a composer, it's my job and it will pick up one day (hopefully). I'd like to use your mp3player.swf to showcase my music in some (one for now) networking website (like Myspace, though i'm not going to use it there I think). The way I'd do it is:

-create a htm page with the script for the player and put all the files in my website's hosting server

-link that page as an "i-frame" in the network profile page. It should work unless the network doesn't allow scripts (I can't use "object" or "embed", since my hosting server has some protections). I did a test and it works.

Now... I am guessing I should buy the license, right? If so, should I buy one for each network I will add the page to, or just one?

Also... In the script there's nothing that refers to your website, and therefore there's nothing on the player. If I can keep using it for free (IF), can I just add a link to you myself? (well I'd probably do it even if i buy it, since I like it)

Thanks,
Cico

hello jeroen,

Incredible scripts!

I'm a composer and I want to use your video player to show some advertising agencies my work with jingles. Is this considered to be a commercial usage?

Also, I want to use the FLV and MP3 player on my [url=http://poliklinika-stepinac.info/]article directory[/url] website. The navigation on the player is just incredible.

@Louise: A license is not needed, but would be appreciated! I'm afraid there's no plugin for PHPFox yet...

@Kevin Wilkes: since you're a freelancer, this is corporate use which requires a license. A license for the article directory site isn't needed.

@Cico: You indeed need a license, but a single one will serve. Technocally, you only have one page (that is placed on a couple of networks).

@KinWeb prod: please check the [url=http://www.jeroenwijering.com/?item=Embedding_Flash]flash embed[/url] article. It explains how to add flashvars. Make sure you have the 3.13 player, since it's the first release that has this feature!

i'm working for a company that makes TV commercial ads for several channels (not for free or public channels) and most of this TV channels are on cable TV and pre-paid card satlite services .. we plan on making a web site for our company to display our work of TV commercial ads for clients and public alike so clintes can see the work and abrove or dis-abrove the work and the publice just explor ... is that commercial use or noncommercial

jakson, is this a joke? Pay the lousy 15 euros and convince your boss to pay a big bonus for Jeroen's work. You earn probably 5-10 licenses within the hour.

first of all he is not my boss i'm just working as free-lancer for a project and i noticed that they are using the player without paying so i said to my self i might as well ask so i could notify them since they know nothing about it being used (a guy worked for them earlier and to ebress them probably made them think he made it and since they are so stupid to even use the right click they didn't know) so you see it's all not my problem and yet i'm trying to make sure so i could help jeroen and make the guys pay .. and yet i'm now a joker? and you're asking me to pay ?.. might wanna know all the angels before you try to look like a hero......

oh and i was asking JeroenW not you sir ..

@jakson - i think that what Close means, is that you answered you own question while posing it:

makes TV commercial ads for several channels (not for free or public channels)

Hello Jeroen, my name's Mark from the Philippines. I like your flash flv player. Its great. Im a PHP Developer and I'm creating a website for the upcoming international soccer competition in netherlands (dutch). We have a customer that wants us to create the soccer website. Do I need to buy a license for that or not? Thanks in advance.

@Mark: yes indeed. You can simply apply for one at my order form

Hey JW

I´ve established a Community for gamer stuff etc. now I wanted to use your media player for it to put users some viedos ... I earn no money with the hompage ...

and then the same project ... i wanted to creat a image rotation with your Image Rotator ...

I earn no money with the hompage ...

both uncommercial?

thanks!

Hello Jeroen,

Your video-player is amazing!!! I tried out some freeware players as well, but this is the best one!!
I would like to use the FLV Media Player for showing videos and the image rotator for showing pictures at our christian church website.
We don't earn money with the site. Do we need to buy a licence or can we use it for free?

Best regards from Germany

Carl

Awesome player, gonna use the image rotator for a non-profit children camp (jupi2.de)
and the player for music files on my singer/songwriter page ..

if im gonna use the player on some more pages i will buy a license, even if non-profit.
i like to support good scripts.

keep up the good work

@!pD: noncommercial indeed.

@CarlW: you also don't need a license. It's clearly noncommercial, and covered by the default CC license.

ok thanks ...

ps: great players - all of it =)

Hi Jeroen,

Great FLV player. We are designing a site for a video production company, so if they approve the use of the player (they are very picky about the look, but I think they will approve it) we will naturally purchase a license. However, this video production company wants to give their clients embed codes so they can include the produced videos on their own websites. Both player and all video files are served from the video production company's server. I think this requires a full commercial license, is that right? If we (the design company) purchased the full commercial license, would that cover for the video production company's site as well as any future sites we might design? I think so since the full commercial license allows for redistribution (without source), but wanted to confirm this.

Thanks,
Flemming

Does the non commercial include Local Government & Law Enforcement (local police agencies)???
Or would we need a license for each agency that we work with (we are local government employees that do websites for many different communities)

thanks from chris (in the USA) for a great player

@Flemming: you are indeed already covered with the full license.

Another thing you could do is [url=http://www.jeroenwijering.com/?page=reseller]become a reseller[/url] and get licenses for your clients on a discount. You will get the license + invoice then, and the license will be on your client's page. That way you can also redistribute the source (and make some money keeping the discount).

@Government Sites: Police agencies sound like nonprofit institutions. That's covered by the free CC license indeed.

Fantastic tool. Cant see any bugs at all. Nice work!
We're using it at a uni to educate nurses. Where do you want attribution? Is the right click on the menu sufficient?

The menu-rightclick is indeed OK.

Hey JeroenW-
I'm the Web site editor at a university's independent student newspaper. We're a nonprofit, but we show local and google ads on our Web site. Does this still qualify as noncommercial?

Thanks.

That's indeed noncomm..

Hello Jeroen,

I'm just a freelance software developer so the legalese is just a bit over my head... so I would just like to describe this situation I find myself in and hope that you can clarify some things for me.

I wanted to use a WordPress plugin called NextGen (for showing image galleries and slideshows), however I now find that this plugin requires your Image Rotator script to be installed for it to work. If I install this plugin with your image rotator for my client on his hosting server (and I have no way of knowing if he is intending to make money from his site or not), am I required to purchase a licence (and if so which one) since I am setting up this site for a one off fee?

If I need to purchase a licence, can I transfer the licence to my client since under US "work for hire" law I believe the ownership and copyright for the work I develop transfers to the client once payment is received by me.

If my client doesn't make any money from his site at the time I set it up, but then some time down the track he decides to do something to make money, does he then become liable to purchase a licence (again if so then which one), and at what point does a site go from non-commercial to commercial? I ask this last part since you mentioned "... making substantial money" in other similar question responses.

Thanks, your reply will be greatly appreciated.
Paolo

If you're getting paid for the job, I suggest you indeed get a license on your clien's name + address. There are commercial interests, both on your (getting paid to build the site) and on your client's (corporate site) side.

Hello, your script is great

I would use it on a local television station that transmits its signal publicly (not cable television, is open), and we want to put the local news that is what for the time being it would use to Do we need a license?

In the future we would like to include commercial sponsors for this is necessary license?

Thank you for your attention

If you're a for-profit TV station you need a license. Otherwise it's OK.

I have created a free modification for IPB (forum software) that uses your player. I distribute the modification for free. Can I include your player in the download? At the moment I am sending people here to download your player themselves.

I use the mediaplayer for the new website or Red Cross. I am not sure, if Red Cross is a non commercial organisation. Because they take money for the first aid courses. They have also a shop. But the money they earn with this shop goes to different projects like Tsunami reconstruction and homes for disabled (and some more projects).

Can I use it for free?

Hi Jeroen,

I work for a university and they want to use the player in a educational sense, by putting up video on their page from short seminars held at the university. They will not charge anything for access to these videos, they want to offer it free to the viewer. Is it OK to user your player as noncommercial or will we need a license ?

Thanks in advance

I am impressed that you take the time to answer al these questions. Thanks.

I am adding my own, with its special twist. I get from your answer to Fleming above (05.02.2008), that an unrestricted license would cover both my own use of your player in my work as a website designer AND my clients' use of your player on the web sites I build for them. Right ?

Here is the twist. I am part of a team actively developping an open-source CMS. If we incorporated your player in the CMS, that would probably be allright, since it is non-profit. And would probably be OK too for people using the CMS for non-profit purposes. Right ?

But it would certainly NOT be OK for people like me building web sites for commercial purposes. Here is the real question after my preliminary verification questions : could I buy an unrestricted license for the CMS and thereby allow but commercial and non-commercial use ?

Hello,

we did a new CD record with our music club, and I plan to use your player to promote our CD with short sequences from the single tracks on the CD. You can have a look at www.sk-metzingen.de (sorry, only in german), to get an impression of the page. The promotion page isn't just online, but if you send me an email at webmaster [at] sk-metzingen [dot] de, I'll give you the link to the first draft of the page. I don't think that our music club will get rich with it but I just don't want to use your player without asking :-)

Greets Thomas

Lasares - Brian from LongTail here. To answer your question, you can buy an unrestricted license that will cover all of your uses (commercial and non).

What remains unclear to me is : when you say "your" uses.

To clarify: "you" (in your reply) covers me and my clients, right ? And if I buy the unrestricted license to include your player in our CMS, all users of the CMS will be covered, for all their uses, right ?

Lasares - That is correct. It covers you and your clients for all of their uses.

Hi,
Im using the mediaplayer to show video works of an artist on an artist site.
I would like to know if the wizard is available as source either free or commercial as I would like to modify a few things
to make it easier for her to use for her video size ect.

Can you give me an idea about this, if I need to buy the unlimited version in order to get the source of the wizard I would definately consider this.

Regards,

Jeroen,

Regarding "Commercial Use", I have questions on two players:

WMV Player. I run a video production company and post samples of my work as wmv's. Currently WMP opens up and plays the video, but I would like to have the videos play embedded on the web page. I am not selling the videos, they are just used for advertising to get more engagements. I'm assuming that doesn't constitute commercial use?

FLV Player. I am building a separate stock footage website and would like to use your flash player to display video samples. While I will be selling the videos themselves (in multiple formats), I am not selling your player in any way, shape or form. Does this still constitute commercial use?

Final question for both players: I'm assuming a visitor to my site doesn't have to download anything to play the videos. Is this correct?

Thanks,
Mike

Hi Jeroen,
Thanks, Thats great!

Forget my very last question (I'm an idiot), but I'm still wondering if I fall under commercial use. I'm fine either way, just want to make sure I'm legal.

@jodomvideo.com: for both setups you use the player commercially (for a company). So for both you need a (single) license.

if I pay for a single license, does it apply to the flash player and the wmvplayer or mp3player as well or do I have to buy one for each that I use?

Hi,
I want to use JW FLV MEDIA PLAYER on my company website. If company doesn't have profit from website I can use it for free?

Regards.

Hi I just launch a new website using your f***ing amazing player!!!
I'm a beginner webmaster here is the link to the site,
you can see your player in the:
1. right side of the home page
2. at the videos page
3. the image rotator on the guestbook page
4. the image rotator at the right side on the flyers page
does I need to buy a license please?

link: http://www.flash-brothers.com

thanks, and I hope you like what I done with your player ;)

Once again: non-corporate and non-advertised use is free, so you're good to go.

@Colaman: one license covers the players.

Hi Jeroen,

I am building a website for a friend who is an indie musician. At the moment, there is facility to buy cds from the website (i..e it generates no money + no advertising) and i am building the site for free. Do I need a license for the player?

Hi, I'm Adam from LongTail Video, here to answer your licensing questions.

Khanh -- you do need a license for the player.

All -- as a general rule, if you take in any revenue from your site through ecommerce or AdSense or banners, you must buy a license.

If you have any more feel free to email me directly at adam [a] long tail video [dot] com.

Saw this posted earlier in this thread -
Does it still apply?

June 15 2007
"All not-for-profit use is free, as is all "little-profit" use (e.g. a weblog with google ads or a small band selling cd's online)." - JeroenW

@Liquid - Regarding the statement: "All not-for-profit use is free, as is all "little-profit" use (e.g. a weblog with google ads or a small band selling cd's online)."

This no longer holds. All profit (little, large or in between) requires a license.

"DO I NEED A LICENSE?"

I am building my website to promote myself as a performer (actor, musician etc). I plan on using JW player to showcase my video demo reels. Do I need a license for this type of usage?

Hi, this is Adam from LongTail.

Any website that uses the player for a commercial purpose (e.g. to make money from advertising, to promote a product, etc.) must buy a license.

@Doineedalicense -- Yesyouneedalicense ;)

Hi. How much would it cost for a university license. We are developing online courses and would like to use the JW FLV Player. Will you comment on this?

Thanks.Jason
fagaj2@byuh.edu

@University - if your university is non-profit, then no license is necessary.

Hi, Adam,

INCREDIBLE PRODUCT!!! Superb work!

I am a web designer for a small bistro. The site is mainly used for a slideshow, information, menu offerings, wine lists, and directions to the restaurant.

The restaurant is also engaged in several charity events throughout the year.

The restaurant does not intend to sell anything (ie, with a shopping cart) on their website.

Do I need a license?

Thanks!!!

My regards,
Travis

sorry for my english :-)

i'm developer and i want to use your player on weblog trailer with google adsense. Do i use commercial licence ?