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cc-licenses - Re: Question on license options

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Subject: Development of Creative Commons licenses

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  • From: Glenn Otis Brown <glenn AT>
  • To: "Reeves-McMillan, Mike" <Mike.ReevesMcMillan AT>
  • Cc: licenses AT
  • Subject: Re: Question on license options
  • Date: Tue, 17 Sep 2002 20:29:09 -0700

Another good question. Your resource is commercially available, just not by default. Permission is required to override that default. A lot of what this comes down to is good information: part of our job is to make clear that "no noncommercial uses" really means "no commercial uses unless you ask" -- which in fact is indistinguishable from any old work that is fully copyrighted. You're not imposing any greater restriction on your work by choosing "noncommercial" than copyright imposes. You're just making clear that that's not a right you _have_ given up . . . Does that help?

I think your question highlights our need to do a better job explaining all this, so thank you again.


On Tuesday, September 17, 2002, at 08:15 PM, Reeves-McMillan, Mike wrote:

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]
Sent: Wednesday, September 18, 2002 3:12 PM
To: Reeves-McMillan, Mike
Cc: licenses AT
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
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, so that there is a record of this

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.



---------------------------------------------------------------------- --
Glenn Otis Brown
glenn AT
Executive Director
t +1.650.723.7572
(cc) creativecommons f

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(cc) creativecommons f +1.650.723.8440

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