[cc-community] Difference between By-NC and By-NC-SA

Carl Antuar shell_layer-creativecommons at yahoo.com.au
Sat Feb 14 05:27:07 EST 2009


Hi, David.

Technically, the BY-NC licence doesn't say anything about the licence to be used on derivatives.  However:

- You aren't allowed to exercise any of the licence rights (including the right to make derivatives) commercially (in a manner that is primarily intended...etc).  Even if you don't sell the derivative, removing a Noncommercial limitation could well be seen as being a commercial activity.  That's something for lawyers to argue.

- You can't give away rights that you don't have.  So, if you haven't been given any of the commercial rights in the original work, you probably can't grant them to downstream users.

Also see this post on the CC blog: http://creativecommons.org/weblog/entry/7145

And yes, as Drew mentioned, whether or not you can license your derivative for commercial use, with BY-NC, you have the option to license your derivative BY-NC-ND, or maybe even ARR (not sure about that one, but I think, without SA, you can).

Carl

--- On Fri, 13/2/09, David Wiley <david.wiley at gmail.com> wrote:

From: David Wiley <david.wiley at gmail.com>
Subject: [cc-community] Difference between By-NC and By-NC-SA
To: cc-community at lists.ibiblio.org
Received: Friday, 13 February, 2009, 6:00 AM

All,

A quick question for you - what is the practical difference between a
BY-NC and a By-NC-SA license? Can I choose to license derivatives of
By-NC resources with a different license, potentially one which allows
commercial use? Or does the NC in BY-NC somehow follow derivatives
even without the help of the SA clause?

Many thanks in advance,

David
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