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cc-licenses - Re: Sampling + BY-NC-SA-2.0 = ?

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Subject: Development of Creative Commons licenses

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  • From: Mike Linksvayer <ml AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Sampling + BY-NC-SA-2.0 = ?
  • Date: Tue, 16 Mar 2004 09:38:07 -0800

Keith Coleman wrote:
Let's say I combine a worked issued under a Sampling license with a work issued under a BY-NC-SA v2 license. Sampling permits Sharing but does not permit Distribution, a condition which is MORE restrictive than BY-NC-SA's permission of NonCommercial Distribution but LESS restrictive than BY-NC-SA's permission of only NonCommercial Derivatives. (The matter is additionally complicated by the unidimensiality of the CC metadata, wherein every clause or no clause is affected by things like "requires noncommercial.")

Actually Sampling doesn't permit verbatim distribution at all. You must be thinking of Sampling+, which permits non-commercial distribution ("Sharing" in the metadata, which means "non-commercial distribution" to work around the problem you mention above -- we can't have a NonCommercial property, as that applies to all others, and Sampling does allow commercial transformative derivative works).

Anyway, in terms of distribution Sampling+ and BY-NC-SA are equivalent AFAICT -- they both allow non-commercial distribution. For derivative works they have different restrictions -- Sampling+ requires that derivative uses must be transformative, BY-NC-SA requires that derivative uses must not be commercial.

None of that really matters for your question though --

So under which license must I issue my derivative work?

BY-NC-SA. Your use of the work issued under a Sampling license must be transformative, but otherwise your work incorporating Sampling or Sampling+ material may be licensed under any license, including standard "all rights reserved" copyright. BY-NC-SA requires you to release derivatives under By-NC-SA.

Option 1: BY-NC-SA
But this violoates BY-NC-SA's use-the-most-restrictive clause regarding combined works.

I think this was only intended to apply to combining SA licenses, but it is going away in the final 2.0 licenses anyway -- you have to use the same SA license.

IANAL, etc.

--
Mike Linksvayer
http://creativecommons.org/learn/aboutus/people#21




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