Development of Creative Commons licenses

["Reeves-McMillan, Mike" <Mike.ReevesMcMillan AT oxygenforbusiness.com>]

That was pretty much as I expected, and thanks for the quick response.

The question that raises, though, is if I put it out under a noncommercial
license, how does the magazine (in your scenario) know that I am open to
negotiating a commercial deal? When they search for resources that are
commercially available, mine won't show up.

> -----Original Message-----
> From: Glenn Otis Brown [SMTP:glenn AT creativecommons.org]
> Sent: Wednesday, September 18, 2002 3:12 PM
> To:   Reeves-McMillan, Mike
> Cc:   licenses AT creativecommons.org
> Subject:      Re: Question on license options
> 
> > It's not totally clear to me what the situation is if I want to  
> > license a
> > work for free reproduction/distribution provided that the
> > person/organisation reproducing the work does not profit from the
> > reproduction/distribution, but also want to allow commercial use  
> > provided
> > that I receive royalties from the commercial use. Is there a license
> > combination that allows for this?
> >
> 
> 
> Good question, Mike.  I'm cc-ing our public archived email list,  
> licenses AT creativecommons.org, so that there is a record of this  
> question.
> 
> Our noncommercial option prevents licensees from making a profit off of  
> selling your work -- without first asking and striking a separate deal  
> with you.  Say you put a photograph out under a noncommercial license.   
> Then say my for-profit magazine wanted to use it as a cover shot.  We  
> would be required to strike a separate one-off deal with you to get  
> that permission.  The structure is basically what you describe:
> 
> > In other words, if you aren't making any money out of it, distribute  
> > it all
> > you like, but if you are, I want a share.
> 
> Note that exceptions to the noncommercial provision must be negotiated  
> between you and the would-be moneymaking licensee, ad hoc.  It would be  
> mighty complicated to write a noncommercial provision that somehow made  
> such "payback when profit" an automatic feature of the CC license.
> 
> 
> Hope this helps.  Please remember to reply-to-all so this winds up back  
> on the licenses@ list.
> 
> Thanks,
> 
> Glenn
> 
> 
> 
> ------------------------------------------------------------------------ 
> --------------------
> Glenn Otis Brown                                       
> glenn AT creativecommons.org
> Executive Director                                                       
>     t +1.650.723.7572
> (cc) creativecommons                                            f  
> +1.650.723.8440
> 

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