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cc-licenses - Re: Allowing Commercial Use While Preserving NonCommercial Rights

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Subject: Development of Creative Commons licenses

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  • From: "Greg London" <email AT greglondon.com>
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>
  • Cc: cc-licenses AT lists.ibiblio.org
  • Subject: Re: Allowing Commercial Use While Preserving NonCommercial Rights
  • Date: Fri, 9 Apr 2004 18:16:50 -0400 (EDT)

you sell the recording company a license to use your work commercially,
they get a band to play your song, they record it, and sell CD's.
You want the recording company to license those recordings CC-NC.
I think this is the situation you're describing.

The only way I can see to pull that off is to have it in
a contract when you sell them the commercial license that
they agree to license their works CC-BY-NC.

You're only leverage in getting the record company to
license their recording of your music as CC-BY-NC is the
fact that you are holding the commercial rights to
your work.

They offer $1000 for a commercial license.
You tell them you want CC-BY-NC on all their recordings.
They say that's only worth $400 to them.
It's then up to you two to reach an agreement, if possible.

So you use CC-BY-NC to get free advertising.
When the record company comes calling,
you negotiate a contract where they get
to use your works commercially, but they also
agree to license their recordings CC-BY-NC as well.

CC can provide the CC-BY-NC license, but
the contract and negotiation is up to you.

Neil Wehneman said:
> Greetings All,
>
> I recently placed all of my writing (plug: www.fallinggrace.com) under a
> CC license, specifically NonCommercial-Attribution.
>
> What I would like to do is basically offer two licenses: the
> NonCommercial-Attribution license and a license that allows Commercial
> use and derivatives.
>
> The key that I want is for the NonCommercial rights to flow with
> Commercial uses. An example is if some recording company pays a band to
> cover a song I wrote, I have no problem with them selling that without
> additional permission from or compensation to me (beyond attribution),
> so long as people who buy that recording have the right to do whatever
> they want with it for NonCommercial purposes (even giving it away to a
> few hundred thousand of their closest friends).
>
> Is there a way to handle this with existing CC Licenses?
>
> - Neil Wehneman
>
> _______________________________________________
> cc-licenses mailing list
> cc-licenses AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
>


--
Draft the Gift Domain:
Put Free/Libre/Open/Public licensing
concepts directly into Copyright Law.
http://www.greglondon.com/dtgd/html/draftingthegiftdomain.html





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