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Subject: Development of Creative Commons licenses

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  • From: "Reeves-McMillan, Mike" <Mike.ReevesMcMillan AT oxygenforbusiness.com>
  • To: "'Glenn Otis Brown'" <glenn AT creativecommons.org>, "Reeves-McMillan, Mike" <Mike.ReevesMcMillan AT oxygenforbusiness.com>
  • Cc: licenses AT creativecommons.org
  • Subject: RE: Question on license options
  • Date: Wed, 18 Sep 2002 15:26:59 +1200

Thanks, that does help, and thanks too for acknowledging that it needs to be
made clearer to all concerned. As a former technical writer I know how hard
it is to convey what is obvious to you so that it is also obvious to others.

> -----Original Message-----
> From: Glenn Otis Brown [SMTP:glenn AT creativecommons.org]
> Sent: Wednesday, September 18, 2002 3:29 PM
> To: Reeves-McMillan, Mike
> Cc: licenses AT creativecommons.org
> Subject: Re: Question on license options
>
> Another good question. Your resource is commercially available, just
> not by default. Permission is required to override that default. A
> lot of what this comes down to is good information: part of our job is
> to make clear that "no noncommercial uses" really means "no commercial
> uses unless you ask" -- which in fact is indistinguishable from any old
> work that is fully copyrighted. You're not imposing any greater
> restriction on your work by choosing "noncommercial" than copyright
> imposes. You're just making clear that that's not a right you _have_
> given up . . . Does that help?
>
> I think your question highlights our need to do a better job explaining
> all this, so thank you again.
>
> Glenn
>
>
> On Tuesday, September 17, 2002, at 08:15 PM, Reeves-McMillan, Mike
> wrote:
>
> > 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
> >> question.
> >>
> >> 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.
> >>
> >> Thanks,
> >>
> >> Glenn
> >>
> >>
> >>
> >> ----------------------------------------------------------------------
> >> --
> >> --------------------
> >> Glenn Otis Brown
> >> glenn AT creativecommons.org
> >> Executive Director
> >> t +1.650.723.7572
> >> (cc) creativecommons f
> >> +1.650.723.8440
> >>
> >
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> >
>
> ------------------------------------------------------------------------
> --------------------
> Glenn Otis Brown
> glenn AT creativecommons.org
> Executive Director
> t +1.650.723.7572
> (cc) creativecommons f
> +1.650.723.8440
>

DISCLAIMER: This electronic message together with any attachments is
confidential. If you are not the intended recipient, do not copy, disclose
or
use the contents in any way. Please also advise us by return e-mail that you
have received the message and then please destroy. Oxygen Business Solutions
is not
responsible for any changes made to this message and / or any attachments
after
sending by Oxygen Business Solutions. We use virus scanning software but
exclude all
liability for viruses or anything similar in this email or any attachment.




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