[cc-community] selling CC-BY-NC-ND
Art Neill
art at newmediarights.org
Tue Apr 29 15:04:34 EDT 2008
Yes, it is incorrect to say
"BY-NC-ND is a restrictive EULA that removes rights that ARR[all
rights reserved] grants. xan"
None of the Creative Commons licenses "take away" from the default set
of rights(All Rights Reserved) granted in copyright law (fair use
being the most significant). They all exist in a spectrum between All
Rights Reserved and No Rights Reserved (public domain).
It is true that, of the Creative Commons licenses, the attribution -
noncommerical - no derivatives (BY-NC-ND) is among the more
restrictive, therefore, further on the spectrum towards all rights
reserved. However, you can produce, distribute, display, etc full,
verbatim copies of BY-NC-ND works so long as it is done
noncommercially and the work is not modified. You cannot do so with
All Rights Reserved unless you have some kind of fair use argument.
Any fair use argument also exists for the BY-NC-ND licensee. Therefore
fair use rights(technically an affirmative defense for legal purposes)
added to the rights granted under BY-NC-ND results in MORE rights than
a default, all rights reserved copyright.
How about an example. Let's say that a network licensed a show
BY-NC-ND. I could then distribute copies of the show verbatim so long
as I didn't do it commercially or modify the show (blast email it to
friends, host it on my personal website). All rights reserved would
not allow this type of use.
It's not ideal, and its not the license we choose to use at
NewMediaRights.org or UCAN.org, but I'll take BY-NC-ND over All Rights
Reserved any day.
art
On Mon, Apr 28, 2008 at 11:40 PM, Lloyd <cc at phizz.demon.co.uk> wrote:
> Mike Linksvayer wrote:
> > On Mon, Apr 28, 2008 at 5:47 PM, jonathon <jonathon.blake at gmail.com> wrote:
> >> On Sat, Apr 26, 2008 at 7:51 PM, Mike Linksvayerwrote:
> >> > One might argume that BY-NC-ND doesn't allow users to do much more
> >>
> >> BY-NC-ND is a restrictive EULA that removes rights that ARR grants.
> >
> > So what such rights are not covered by section 2 of
> > http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode ?
> >
>
> jonathon doesn't like NC and tends to obfuscate the issues. If something
> is ARR the only use allowed outside of permissions is that of
> 'fair-use'. An NC license cannot deny someone of a 'fair-use' defense.
>
>
>
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--
Art Neill
Attorney
Utility Consumers' Action Network
3100 5th Ave. Suite B
San Diego, CA 92103
619-696-6966
art at ucan.org
www.ucan.org
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