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cc-licenses - Re: [cc-licenses] Version 4:0:Rebranding "noncommercial" to "commercial rights reserved": please don't!

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Subject: Development of Creative Commons licenses

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  • From: drew Roberts <zotz AT 100jamz.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Version 4:0:Rebranding "noncommercial" to "commercial rights reserved": please don't!
  • Date: Tue, 24 Apr 2012 10:04:19 -0400

On Tuesday 24 April 2012 07:51:00 Anthony wrote:
> On Mon, Apr 23, 2012 at 6:49 PM, <zotz AT 100jamz.com> wrote:
> > https://lists.ibiblio.org/sympa/arc/cc-licenses/2005-March/001723.html
> >
> > "I can imagine circumstances where NC has a place for other than
> > economic
> > reasons. What about the option for a binding pledge on the part of the
> > original author to not excercise his right to the commercial option
> > when
> > releasing BY-NC-SA?"
> >
> > I still don't recall anyone ever taking me up on the possibility of
> > drafting such a license as opposed to the advisability of doing so.
>
> Putting aside the possibility of drafting the license, how would the
> work get distributed?
>
> If the original author can't exercise his right to the commercial
> option, presumably s/he can't permit anyone else to use the work
> commercially either. So this means, for instance, s/he can't put the
> work up on a facebook page, since facebook profits off facebook pages,
> right?

Wait. Are you maintinging that only the copyright holder can put NC licensed
works on Facebook? (Because facebook makes money, not because of their TOS.)

Are you maintaining that a person cannot take and NC book to a printer and
pay
to have 10 copies printed to give away as gifts?

If so, let's discuss, if not, you have the answer to the question you posed.

When someone makes a copy of an NC work and gives it to someone else, lots of
people get and income and may make a profit. It is just that the person
making the copy does not get the revenue and the person getting the copy may
not pay anything in the process.

If it is a digital copy, the ISP makes something, the electricity company
makes something, The computer companies made something.

For a paper copy, the paper company makes something, the ink/toner folks get
theirs, the mail/courier company may get something, the gasoline folks may
get a piece.

NC is an odd beast that way.

The license I contemplate above is like the current NC license but where the
copyright holder places himself on an equal footing with his NC licensees
with a binding promise. Perhaps for a nominal fee of $1 paid by anyone to do
the binding.

all the best,

drew




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