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CC BY-NC vs CC BY: Understanding the Difference Between Commercial and Non-Commercial Use

  • Writer: Raymond Duffy
    Raymond Duffy
  • Nov 25
  • 3 min read

Creative Commons (CC) licensing has become one of the most widely used frameworks for sharing creative works, especially in education, software, research, marketing, and online content creation. But one powerful distinction often confuses businesses and creators alike:


  • What is the difference between a CC BY licence and a CC BY-NC licence?

  • And when can you legally use Creative Commons material for commercial purposes?


This blog breaks down the key differences and highlights practical risks so you can safely use (or release) material under the right licence.


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What Is CC BY? (Attribution Licence)

CC BY (Creative Commons Attribution) is the least restrictive of all CC licences. It allows:

  • Copying

  • Redistribution

  • Modification

  • Adaptation

  • Commercial use (e.g., marketing, product packaging, business websites, ads)


The only requirement? You must provide proper attribution to the original creator.


The CC BY Licence:

  • Can be used in commercial advertising

  • Suitable for corporate websites

  • Compatible with product development

  • Flexible for remixing and adaptation


CC BY is commonly used by governments, open-education platforms, some publishers, and creators.


What Is CC BY-NC? (Attribution–NonCommercial Licence)

CC BY-NC provides similar freedoms—but with one major restriction:


❌ You cannot use the material for commercial purposes.


You can still:

  • Copy

  • Remix

  • Adapt

  • Share,


but only for non-commercial purposes.


What counts as “non-commercial”?

Creative Commons defines “non-commercial” as:

Use that is not primarily intended for or directed toward commercial advantage or monetary compensation.

What Counts as “Commercial Use”?

Some categories are obvious:


Definitely Commercial Use

  • A business using a CC BY-NC image on its website

  • A YouTuber monetising a video using NC content

  • A marketing agency using NC content in client projects

  • Educational content sold as a paid e-learning course


Generally Non-Commercial

  • Personal blogs with no advertising

  • Student projects

  • Non-profit projects with no monetary gain


Because the definition is subjective, NC material is legally riskier for any business—including small enterprises, startups, and creators who monetise content indirectly.


Key Differences at a Glance

Feature

CC BY

CC BY-NC

Attribution required

✔️

✔️

Commercial use allowed

✔️

❌

Modify/adapt the work

✔️

✔️

Use in advertising/marketing

✔️

❌

Use in paid products/services

✔️

❌

Lowest risk for businesses

✔️

❌

If your organisation earns money, plans to monetise content, or uses material for reputation/brand benefit, you should avoid CC BY-NC unless fully confident your use is non-commercial.


When to Choose CC BY vs CC BY-NC for Your Own Work

If you are licensing your own creative work, choosing the right licence sends a clear signal about how others may use it.

Choose CC BY if you want:

  • Maximum visibility

  • Easy reuse

  • Academic or government-style open access

  • Commercial innovation using your work


Choose CC BY-NC if you want:

  • Broad sharing, but NOT commercial exploitation

  • To encourage educational or creative communities

  • To keep commercial rights for yourself


Licensing decisions can also impact future revenue opportunities, brand control, and enforceability—grey areas where businesses often need legal advice.


Legal Risks of Misusing CC BY-NC Material

Using NC-licensed content commercially can lead to:

  • Copyright infringement claims

  • Takedown notices (e.g., YouTube, social media, websites)

  • Demands for licensing fees

  • Reputation/brand damage


These risks often arise due to ambiguous definitions—not clear breaches.


Practical Tips for Businesses Using Creative Commons Content

  1. Always check the exact CC licence version (e.g., CC BY-NC 2.0 vs CC BY-NC 4.0 – terms differ slightly).

  2. If you plan commercial use, avoid anything with “NC.”

  3. Keep attribution records. Provide: creator, title, source, licence type.

  4. If unsure whether your use is “commercial” — get legal advice.

  5. Consider contacting the creator for a separate commercial licenceMany are open to granting paid permissions.


If you’re unsure whether your planned use of Creative Commons material is permitted—or if you want help choosing the right licence for your own content—contact Greyson Legal today.


We advise businesses, creators, educators, and technology clients on copyright, licensing, and digital content compliance across Australia.

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