Development of Creative Commons licenses

[Glenn Otis Brown <glenn AT creativecommons.org>]

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.

Glenn


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 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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------------------------------------------------------------------------ 
--------------------
Glenn Otis Brown                                       
glenn AT creativecommons.org
Executive Director                                                       
   t +1.650.723.7572
(cc) creativecommons 		                                  f  
+1.650.723.8440