development of an education license or license option for Creative Commons

[David Wiley <david.wiley AT usu.edu>]

Alexander, Bryan wrote:

> Interesting move.  Would the creator, then, in effect be stretching first
> sale principles to have two copyright arrangements at once, for the same
> work?
>
> If it's agreed, David, it should be clearly stated.
>  
B,

Consider a popular song which is copyright-ed to the hilt. Copyright 
prohibits commercial use of the song by anyone other than the owner 
without express permission to do so. However, pop songs turn up in beer 
and car commericals all the time. How? When a company wants to use the 
tune in an ad, they simply contact the owner to request and arrange for 
permission. This is all completelyh kosher under copyright law.

The same would be true for a cc.edu licensed work. Commerical use is 
prohibited (unless the owner enters into another agreement with you). 
There's nothing slick or backdoor about it. Also, since it's common 
practice, I don't know that it bears explicit statement. (I assume the 
statement would read something like: Although the right to make 
commercial uses of this material has been reserved by the owner, you may 
still contact the owner to ask permission and enter into agreements for 
commercial uses of the Work.)

D