Development of Creative Commons licenses

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

No problem.  This is very much a crucial question that many people care  
about, so I'm glad you prompted me to think harder about expressing  
that.



On Tuesday, September 17, 2002, at 08:26  PM, Reeves-McMillan, Mike  
wrote:

> Thanks, that does help, and thanks too for acknowledging that it needs  
> to be
> made clearer to all concerned. As a former technical writer I know how  
> hard
> it is to convey what is obvious to you so that it is also obvious to  
> others.
>
> > -----Original Message-----
> > From:   Glenn Otis Brown [SMTP:glenn AT creativecommons.org]
> > Sent:   Wednesday, September 18, 2002 3:29 PM
> > To:     Reeves-McMillan, Mike
> > Cc:     licenses AT creativecommons.org
> > Subject:        Re: Question on license options
> >
> > 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
>
> DISCLAIMER:  This electronic message together with any attachments is
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> use the contents in any way.  Please also advise us by return e-mail  
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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