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cc-licenses - Re: [cc-licenses] Non commercial question...

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Subject: Development of Creative Commons licenses

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  • From: Evan Prodromou <evan AT bad.dynu.ca>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Non commercial question...
  • Date: Mon, 03 Oct 2005 15:09:26 -0400

On Mon, 2005-03-10 at 21:04 +0200, Erik Moeller wrote:
In the context of CC-NC* content, I think it's a similar scenario. The 
NC license itself would clearly forbid the ads, but the license is not 
compulsory -- there's no need for the site owner / hosting company to 
accept its terms. For them, the situation would be similar to a site 
that allows user submissions and has no copyright policy at all.

I think you're wrong. The site owner publishes the works and is not the copyright holder; absent any other agreement, the owner's only right to publish it is through the CC license.

I also think there's a big difference between the hosting company (more of a common carrier like the phone company) and the site owner (acts as a publisher).

An easy way to get around this is simply to add an additional term of use, such as:
By clicking "Save", you agree to license this work under the Creative Commons Attribution-NonCommercial-ShareAlike license 2.5 or higher. In addition, you grant [Name of wiki site owner] the right to publish the Work, verbatim or modified, on the World Wide Web without restriction. If you don't agree to these terms, don't hit "Save".
You could fiddle with this wording a lot -- allowing publication in any medium, for example, or reducing that "without restriction" to something else.

~Evan




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