Development of Creative Commons licenses

[Robin Millette <millette AT waglo.com>]

wiki_tomos wrote:
> Once and again, let me warn you that I am not a lawyer, so I could well be 
> wrong. 
> But I wanted to share my version of answers to drew's question.

I'm no lawyer either, just very puzzled ;)

> If you are given a bound book licensed under CC-nc, and wants to give it to 
> a 
> friend, auction it online, or sell it to a used bookstore, that's no 
> problem, in my understanding. 
> 
> The same can be said if you were a commercial used-bookstore owner selling 
> that book. 
> 
> The important point is that all of these sales are made without making 
> any copy of the book, nor any public performance, display, etc. of the work.
> The act is, in other words, not relevant to copyright. 

Talk about laundering: I print and bind a book, or 50. I give them to
you. You sell each copy. Then reverse the roles. Oups. Of course, this
goes strictly against the spirit.

> Now, if you printed out that CC-nc'd book from online, that is a bit 
> different.
> In that case, you are the licensee because you created a print copy of a 
> digital file. 
> You cannot make a copy "primarily intended for or directed toward 
> commercial 
> advantage or private monetary compensation." 

That dampens the effect: I can't know you will be selling them, or else
I'm infringing the licence. I see. There's no commercial advantage to
selling for cost. Someone could be paid for his daily labour and there
would still be no commercial advantage (the printer, the proofreader, etc.)

> (4b of the license text). In many (but not all) contexts, printing out for 
> your own reading or decoration of your bookshelf is clearly legal. 
> Gift-giving 
> I would say is easier to defend, because file-exchange is explicitly said 
> to be 
> non-commercial and gift-giving among friends is very close to it. 

Instead of printing it out yourself, like a nice picture, you could go
to a profesional and have it printed and bound. You would pay for that
profesional service, yet it's a non commercial use, right ? Again,
imagine you're sort of the McDonalds' of Free Culture, and you want to
provide a quick service. Is it ok to stock a few copies of popular
orders to save time, only because our current copiers aren't capable of
printing and binding a book in 5 minutes or less ?

> Leasing is also a bit different story, I suppose, at least in some 
> countries. 
> I cannot say much about this because I know so little, but I would 
> appreciate 
> if anyone can tell me the leasing right in relation to CCPLs.

In Canada, I think it depends if you're leasing a musical work, a video
recording, a book, etc. It varies depending on the format.

> Also, if the cover art of the book is also CC-nc'd, I am not sure if 
> bookstores can display it to the customer, or a seller can show it to 
> a potential buyer at an online auction. 

Very interesting.

-- 
Robin Millette, aka oqp http://rym.waglo.com/wordpress/
http://www.cogitateurs-agitateurs.org/ - Cogitateurs Agitateurs