[cc-licenses] On commercial contracts for works previously licensed under CC-by-nc-sa
Javier Candeira
javier at candeira.com
Tue Mar 20 19:52:04 EDT 2007
On the topic of co-existance of commercial works based on cc-nc works with
noncommercial works derived from those original works, Cory Doctorow has
sent this to his mailing list:
> Cory Doctorow wrote:
>> I just signed the contracts on a comic book deal for six of my stories
>> with IDW. They got the exclusive right to sell commercial comics based
>> on my stories, but those stories are already under Creative Commons
>> Attribution/ShareAlike/Noncommercial licenses that allow fans to make
>> non-commercial comics (and films, etc) from them. My agent, Russell
>> Galen, wrote a nifty little clause spelling this out (see below).
>>
>> Lots of people have asked me whether doing a non-commercial CC release
>> makes it impossible to sell commercial rights to a traditional
>> publisher. Here’s how it can work:
>>
>> The exclusive rights granted to Licensee hereunder are subject to a
>> pre-existing Creative Commons license which grants members of the public
>> the irrevocable and nonexclusive right to create their own adaptations
>> of the Licensed Property, including comic books. Such Creative
>> Commons-licensed works may not be sold or distributed for profit.
>> Licensee acknowledges that under the terms of this Creative Commons
>> license, members of the public may create comic book version of the
>> Licensed Property for non-commercial distribution. Licensor agrees not
>> to license the rights which are granted to Licensee hereunder to any
>> competitor of Licensee or to any commercial enterprise intending to
>> create adaptations of the Works for commercial distribution.
-- javier candeira
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