[cc-community] Collections

drew Roberts zotz at 100jamz.com
Sun Jan 22 11:27:11 EST 2012


On Sunday 22 January 2012 10:50:43 P-M wrote:
> On 22/01/2012 14:25, drew Roberts wrote:
> > What motivates me is the copyleft or share alike idea.
> >
> > I am happy to let you use my copyrighted works, even to make money with
> > them and I will not put a legal requirement on you to share what you make
> > with me. However, I want you to return the favour and am not happy when
> > you don't and the license I use to set this up fails me.
> >
> > So, I put photos out there under BY-SA, you use them in a book and keep
> > your copyright on the book ARR. You are not "sharing alike" now are you.
> > The license is failing me.
> >
> > Furthermore. I am making my works copyleft not just for myself but for
> > everyone and the license is failing everyone else that your ARR copyright
> > is preventing from "sharing alike" wrt your book too.
> >
> > If you want to use my copyrighted photo in your ARR book, work out a
> > commercial license with me.
> >
> > Does that maybe clear it up some?
> >
> > Why would you think it is right to have free access to someone else's
> > copyrighted works but restrict them from having access to yours
> > especially when yours incorporates theirs?
>
> Then use the NC license which mainly curtails that sort of activity.

But I seriously dislike NC and do not want to go down that road.

I did ask semi-recently if BY-NC-SA with a commercial use exception where I 
don't mind commercial use would be a work around if CC fails to address this 
issue in the 4.x license round but doing that would just create another silo.

I want to allow share alike commercial use. copyleft Free works. I don't want 
my Free works showing up in non-Free works. Showing up in non-works is fine.

> Photos appear to be a separate class where the BY-SA license allows the
> usage that you complain about. I don't think it affects many other types
> of work to quite the same extent as it is far harder to separate the
> work from the surrounding context without creating a derivative. Comment
> on a film, play, or piece of music can be done by adherence to fair use.

Perhaps not *to the extent* but I think it actually affects everything other 
than audio in video/film.
>
> So the medieval clothing manufacturer that contacted me the other week,
> can use the photos for internal discussion possibly use the images for
> designs, etc. If they want to use them in a book then they have a
> nominal fee. OTOH if you are making a costume for personal use, or want
> to put the images on a blog, or in a school report then the NC license
> works very well.

A properly functioning SA would allow SA commercial use and require another 
license for non-SA use. Well where "use" is "incorporation into" or derived 
from.

Again, I want other to make money from my works if they can so long as I can 
do the same with whatever works my works show up in. (If I have the gumption 
to try. I very may well be ok with them making it and me not even trying.)

all the best,

drew


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