[cc-community] Creative Commons and Wiki's

Mia Garlick mia at creativecommons.org
Sun May 7 16:01:05 EDT 2006


in response to your second question - one solution if you wish to  
have some kind of revenue generation via the wiki is for you/the wiki  
to have a terms of use that govern the contributions to the wiki that  
enable you to engage in revenue generation & then have those same  
terms of use agree that the contributors will license their  
contributions to the public (not the wiki) under the terms of the BY- 
NC-SA.


On May 7, 2006, at 4:42 AM, Dave Verwer wrote:

> Thankyou for the very comprehensive answer... That answers everything
> I needed to know.
>
> On 5/7/06, Peter Brink <peter.brink at brinkdata.se> wrote:
>> Dave Verwer skrev:
>>>
>>> Ok, first question. With a wiki under that license, who owns the
>>> content?
>>
>> The contributors retain their copyrights to their content. They have
>> only licensed the content under the terms of the CCPL to the wiki.  
>> The
>> contributors are all licensors – the wiki is a licensee.
>>
>>> The original contributors have not necessarily agreed to
>>> share their information under the same license that the rest of the
>>> site is under, or is the fact that the license is displayed on every
>>> page and the submitter is free to choose whether to contribute the
>>> information enough of an agreement?
>>
>> I would advice you to make sure that the contributors explicitly  
>> agree
>> to license the content under the terms of CCPL to the wiki. This  
>> can be
>> done in many ways, for example by inserting a text string in the edit
>> form that informs the contributor that when he adds content to the  
>> wiki
>> he is also agreeing to publish the content under CCPL.
>>
>>> Also, who retains copyright on the
>>> information
>>
>> Facts cannot be copyrighted. The expressions, that the  
>> contributors have
>> contributed, are however copyrighted by their individual authors.
>>
>>> and is it legal for that information to be republished
>>> using the license of my choosing?
>>
>> Yes, as I said, facts are not copyrighted. The expressions  
>> contributed
>> cannot, however, be made available under a license of *your*  
>> choosing.
>> You must ask for permission from the licensor to be able to do that.
>>
>>> Second question, as I read the license, it is certainly a
>>> non-commercial license for derivative works and copies of the
>>> information but is it a non-commercial license for the original
>>> content? For example, if I need to support the hosting of the site
>>> through some revenue generation (donations, adverts, etc) am I  
>>> free to
>>> do so under this license?
>>
>> No. The wiki is a licensor. It is bound by the terms of the license.
>> Only the copyright holders may make their works available under other
>> terms than by the CCPL you have chosen.
>>
>> /Peter Brink
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