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cc-licenses - Re: commercial performance under at-nc-sa

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Subject: Development of Creative Commons licenses

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  • From: Evan Prodromou <evan AT wikitravel.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: commercial performance under at-nc-sa
  • Date: Sat, 20 Mar 2004 18:51:46 -0500

>>>>> "AG" == Andrew Gianni <andrew AT originaltraditional.net> writes:

AG> Like the previous poster, we aren't expecting to receive
AG> royalties if our works are performed (often by our colleagues
AG> at dances) but would like to be compensated if our
AG> compositions are recorded or possibly if they are published in
AG> print.

I am not a lawyer, this is not legal advice, I do not speak for
Creative Commons.

Now: is this a "like to" or a "have to" question?

For "like to", one possibility is to get rid of the NC clause and set
up a voluntary donations, payment, or tipping system from your
site. You might want to check out these URLs:

http://www.amazon.com/honor/
http://www.futureofmusic.org/tipjars/

I believe there are some other such systems -- you should search
around.

Another possibility is to retain NC and have performers contact the
composer to negotiate another license, outside the Creative Commons
framework.

A third option is to create your own license explicitly detailing what
is and is not allowed. You should contact a lawyer in your area for
help on this.

AG> Does anyone else have any thoughts on this? Does the at-nc-sa
AG> license realistically restrict performers from charging for
AG> their performances?

As I read it, yes. It's about as difficult to enforce as "all rights
reserved", though.

~ESP

--
Evan Prodromou <evan AT wikitravel.org>
Wikitravel - http://www.wikitravel.org/
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