Question on license options
Mike.ReevesMcMillan at oxygenforbusiness.com
Tue Sep 17 23:15:31 EDT 2002
That was pretty much as I expected, and thanks for the quick response.
The question that raises, though, is if I put it out under a noncommercial
license, how does the magazine (in your scenario) know that I am open to
negotiating a commercial deal? When they search for resources that are
commercially available, mine won't show up.
> -----Original Message-----
> From: Glenn Otis Brown [SMTP:glenn at creativecommons.org]
> Sent: Wednesday, September 18, 2002 3:12 PM
> To: Reeves-McMillan, Mike
> Cc: licenses at creativecommons.org
> Subject: Re: Question on license options
> > It's not totally clear to me what the situation is if I want to
> > license a
> > work for free reproduction/distribution provided that the
> > person/organisation reproducing the work does not profit from the
> > reproduction/distribution, but also want to allow commercial use
> > provided
> > that I receive royalties from the commercial use. Is there a license
> > combination that allows for this?
> Good question, Mike. I'm cc-ing our public archived email list,
> licenses at creativecommons.org, so that there is a record of this
> Our noncommercial option prevents licensees from making a profit off of
> selling your work -- without first asking and striking a separate deal
> with you. Say you put a photograph out under a noncommercial license.
> Then say my for-profit magazine wanted to use it as a cover shot. We
> would be required to strike a separate one-off deal with you to get
> that permission. The structure is basically what you describe:
> > In other words, if you aren't making any money out of it, distribute
> > it all
> > you like, but if you are, I want a share.
> Note that exceptions to the noncommercial provision must be negotiated
> between you and the would-be moneymaking licensee, ad hoc. It would be
> mighty complicated to write a noncommercial provision that somehow made
> such "payback when profit" an automatic feature of the CC license.
> Hope this helps. Please remember to reply-to-all so this winds up back
> on the licenses@ list.
> Glenn Otis Brown
> glenn at creativecommons.org
> Executive Director
> t +1.650.723.7572
> (cc) creativecommons f
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