[cc-community] Can collections incorporating cc-by-nc(-sa) works be commercially used ?

Anthony osm at inbox.org
Tue Mar 1 14:08:53 EST 2011


On Tue, Mar 1, 2011 at 1:54 PM, drew Roberts <zotz at 100jamz.com> wrote:
> Exactly, so if you wanted to include a BY-NC photo in a book that you wanted
> to make money from, you would have to trade for already printed photos and
> not for digital copies.

Yeah, of course.  If you want to include a printed photo in the book
which you intend to sell for money, you have to obtain a printed
photo.  If you want to include a digital copy of the photo in the book
which you intend to sell for money, you have to obtain a digital copy
of the photo.

> You would then include the photos that you traded for
> in you book. Not sure who would go to this trouble or why but I have seen no
> explanation here yet as to why this would not be legally possible.

Right.  There's not much of a market for works that anyone can already
obtain for free.

> This seems
> more a loophole in the license (perhaps a necessary one to achieve other
> purposes) rather than the intent of the license.

I wouldn't call it a loophole.  It's just a logical consequence of a
license which is built around an illogical premise.



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