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  • From: Glenn Otis Brown <glenn AT creativecommons.org>
  • To: "Reeves-McMillan, Mike" <Mike.ReevesMcMillan AT oxygenforbusiness.com>
  • Cc: licenses AT creativecommons.org
  • Subject: Re: Question on license options
  • Date: Tue, 17 Sep 2002 20:33:09 -0700

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



-------------------------------------------------------------------- --
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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


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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
confidential. If you are not the intended recipient, do not copy, disclose or
use the contents in any way. Please also advise us by return e-mail that you
have received the message and then please destroy. Oxygen Business Solutions is not
responsible for any changes made to this message and / or any attachments after
sending by Oxygen Business Solutions. We use virus scanning software but exclude all
liability for viruses or anything similar in this email or any attachment.


------------------------------------------------------------------------ --------------------
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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