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cc-licenses - Re: [cc-licenses] Discussion Draft - NonCommercial Guidelines

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <rob AT robmyers.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Discussion Draft - NonCommercial Guidelines
  • Date: Fri, 13 Jan 2006 21:36:21 +0000

On 11 Jan 2006, at 01:53, Mia Garlick wrote:

These guidelines have undergone tremendous internal debate and discussion amongst staff and our international affiliates. They have been considerably improved and revised in the process [...]

This is a wonderfully clear document and will hopefully clear up most people's questions about NC.

A few comments:

Paragraph 2.
Is it worth making clear that the original rights holder or a licensee may charge for the work if they are selling it separately from the NC license? For example an NC song may be licensed commercially if the musician agrees.

D.c.
Is this referring to the presence of an NC work in a collective work, and if so is it worth stating this explicitly so people can relate it to the license? I take it this does not refer to Fair Use/Fair Dealing, which is mentioned in Paragraph 2.

D.d
A tip jar on a busy site might make more money than charging for work on a quiet site, but this is incidental and is not a pre-requisite for using the work. It may be useful to make clear that it is the incidental, non-causal, non-prerequisite nature of tip jars that makes them OK.

I'm sure some people will produce websites begging you to use the tip jar before clicking on the download button which then redirects you to another begging page if you have not tipped several times before finally giving up. This seems like bad faith but whether it actually breaks NC, and whether it can be warned against, is another matter.

- Rob.




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