[cc-community] Copyright enforcement and CC BY-NC licenses

drew Roberts zotz at 100jamz.com
Fri Aug 1 23:07:45 EDT 2008


On Friday 01 August 2008 21:13:52 jonathon wrote:
> On Fri, Aug 1, 2008 at 15:07, drew Roberts  wrote:
> > By definition, they cannot suffer monetary harm as they only have an NC
> > license to begin with.
>
> An NC license is the only Creative Commons license that allows a
> musician to collect royalties.  As such, they can easily show
> financial harm.

Not if you use the NC license because you built on the NC licensed work of 
another.
>
> For all content creators that use an NC license, the financial harm is
> the amount that they would have been paid in royalties, had permission
> to commercially distribute the material been obtained.

They can't be paid royalties as their building on an NC licensed work 
precludes them from making commercial use of the work they built on and so 
they can't be paid royalties for thier work.

Now, they can perhaps reach an arrangement with the original author outside 
the confines of the NC license, or in some places thay can side step the CC 
license game all together and use a statutory license instead even if the 
original creator objects.

If I am mistaken in this thinking, it would not the the first time and I would 
be happy to have the actual situation made clear to me, but that is the 
general way I get this situation at this time.

If we are talking about the original creator who holds an unencumbered 
copyright and first put the BY-NC on the original work, it is possible to 
show financial harm although from reading in years gone by, I am not so sure 
it is as easy as you say otherwise I am not sure there would have been the 
big push for statutory damages. Again, I could be wrong and examples would be 
most welcome.
>
> xan
>
> jonathon

all the best,

drew




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