License that allows private copying?

Scott Johnston johnston at vectaport.com
Thu Mar 25 16:41:56 EST 2004


Greg London wrote:

> Scott Johnston said:
> > My program is for use by two or more people at once.  It's of no use 
> to
> > the solitary person.  So I want one person to be able to buy a copy 
> and
> > be able to try it out by working with a friend (or group of friends),
> > without them violating any laws.
>
> from www.creativecommons.com:
> : Introduction: Creative Commons is devoted to expanding the range of
> : creative work available for others to build upon and share.

I believe a Private sharing clause would do just that, expand the range 
of creative work available for others to build upon and share.  It 
would simply be another term which must be satisfied, like 
NonCommercial or Attribution.  The fact that a clause restricts the 
possible set of sharers does not mean it won't expand the range of 
sharing.

This might be hard to see in the case of a software binary.  How do you 
build upon a fixed program?  For starters, you can compile your own 
aggregate work (collection) of similar tools, and share them with your 
friend.  And if you want to go Public and/or Commercial with your 
copyrighted work you can contact the copyright holder and arrange for a 
license.

But I don't think it is so hard to see in the case of music 
distribution.  Let's say I hand out all the raw data from my digital 
music compositions to my friends (the MIDI sequencing files, the 
samples, the lyrics, etc..).  I want them to build on it, to change it, 
to share it with their mates, to keep a copy for future reference.  I 
just don't want anybody sharing it with the public without my approval. 
  Is there a CC license that directly addresses that kind of creative 
work and sharing?  Or am I left to do it informally?

> The short of it is that you are selling proprietary software.
> Your license is "All Rights Reserved". You are just bundling
> multiple copies of the software in a single purchase.
>
> What you are doing has nothing to do with
> Creative Commons mission to expand the works
> available to build upon and share.
>
> Your definiton of "share" is really
> N copies of a program in one purchase.
>
>
That is your definition of what I'm asking.  Truly, I have no N in 
mind.  I just want some practical (and formal) method of asking others 
to abide by my wishes and refrain from publicly distributing a copy of 
my work.   Like the copyright owner of the rental DVD you play sets no 
limit on the number of people who can watch it in your home, but would 
go after you if you advertised a showing and charged admission.  Like 
some bands allow taping and sharing of their concerts, but forbid the 
posting of those tapes online.

Anyways, thanks to you and Evan for your comments.  For me it has been 
a worthwhile exercise.

Scott Johnston

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