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Subject: Development of Creative Commons licenses

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  • From: Glenn Otis Brown <glenn AT creativecommons.org>
  • To: Twylite <twylite AT crypt.co.za>
  • Cc: licenses AT creativecommons.org
  • Subject: Re: Suggestion for new license
  • Date: Mon, 18 Nov 2002 08:44:44 -0800



Dear Trevor,

Thanks very much for your interest, and for this very insightful idea. You've hit on something interesting by suggesting that we explore a license that does not cede the rights of distribution and reproduction (every Creative Commons license currently cedes those rights to licensees) but does cede the right of derivation. It very well turn out that such a combination is something we offer in the future, in subsequent license releases (this is just the first of many). For right now, we've tried to balance flexibility with simplicity. If public demand indicates we should err a little toward the former in the future, then we certainly will.

But putting aside these institutional concerns for a moment, let me address your point that only this combination can meet certain author's needs -- for example, the author who wants to profit from her work but allow commercial fan fiction. I'm afraid that your point demonstrates that we have not been clear enough about what the "noncommercial" provision in our licenses means. It does not mean that the author cannot profit from the sale of her own work. It means only that licensees may not profit from that sale of that work without the original author's permission. (With permission -- meaning a separate contract, most likely with money exchanging hands -- the licensee could resell or otherwise profit from the work.)

That said, your point is well taken, and I think you've hit on a more fine-tuned way to address a particular need in the marketplace. Duly noted. For this first release -- which is imminent -- I think we'll stick with what we have.

Thanks again for writing,

Glenn



SUGGESTION FOR NEW LICENSE

The four licenses being contemplated by Creative Commons focus on the
most obvious of rights granted by Copyright law: the right to limit
copying and distribution. I would like to suggest an additional
license in which the copyright holder reserves the rights of copying
and distribution, but cedes the rights of derivation.

The intention of this license is perhaps best understood in the
context of books. An author may desire to publish a book and profit
from commercial publication, but recognise the value in permitting fan
fiction based on the setting and characters. The author can partially
cede the right of derivation, allowing works based on his/her book
(but not translations or modifications) to be created without
limitation. Copying and distribution of the original work is still
limited by copyright.

In this manner, the author can profit from his/her work, as intended
by copyright law, but also contribute to the creative commons by
making the settings and characters available for "reuse" - again
achieving the intentions of copyright.

The "Share Alike" license goes some way to achieve this, but it would
force all derivative works to be commercial works themselves, as they
must be under the same license (as the original). The author may
desire that all derivative works can be commercial or freely
distributable, or that they may not be commercial at all (allowing
profitless fan fiction only).

I believe such a license could strike a balance between the interests
of copyright holders and common interests, and as such would be
valuable to market to copyright holders.


Yours faithfully,



Trevor Davel
// twylite AT crypt.co.za

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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






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