Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Tuesday 12 April 2005 01:05 pm, 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.
>
> 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.

Off the top, and without further evidence, that would be my take as well. 
Does 
anyone think differently?
>
> 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.

Please note, someone made the copy at some point under the NC license. 
Someone 
else is selling the work for commecial advantage or private monetary gain. 
Does everyone agree that this example is OK? If anyone thinks this is not OK, 
could you please explain?

One reason for my asking is that I seem to recall people mentioning 
distribution as one of the things that copyright reserves for the copyright 
holder. I am not sure if that is so or if there is some special meaning to 
distribution if it is so.

I do know that at one time, the government department in my country that you 
were told to go to with reports of copyright violations was customs. Also, 
recently, someone told me that (and I don't remember the exact field - books, 
cds, dvds, etc.) one could be prohibited from buying legitimate copies of 
copyrighted items in one rights area and importing them into another rights 
area for sale. (Might have been DVDs. For instance, could a European retailer 
buy US market DVD players and DVDs in the US and import them to and sell them 
in Europe.)
>
> 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."
> (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.

Please note, I have not mentioned gift exchanges, just me giving them gifts.
>
> Leasing is also a bit different story, 

Interesting, I would not have thought leasing would have come up in 
connection 
with the questions I was asking. Since it has however, here is a scenario:

I have a house for rent overlooking Gillam Bay (not really mine - we can 
dream 
though - I do hope to stay there or somewhere like it this summer though.)

http://www.go-abacos.com/rentGTC/oceanblu/obc.html

Let's say I have a well stocked library of books, music, and movies. Let's 
say, it is my main home for nine months of the year but that I rent it out 
for the other three months of the year. Let's say the guests have access to 
the library when they rent the home. Can CC NC works or other "all rights 
reserved" be used in this fashion without royalties being due to some 
collecting society?

> 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.
>
> 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.

If the book was given originally a a gift?

all the best,

drew

>
> Regards,
>
> Tomos
>
> ----- Original Message -----
> From: drew Roberts <zotz AT 100jamz.com>
> To: Discussion on the Creative Commons license drafts
> <cc-licenses AT lists.ibiblio.org> Sent: Tue, 12 Apr 2005 07:42:34 -0400
> Subject: Re: Question about possible use of NC works
>
> >This brings up an interesting question which I have asked before but do
> > not recall seeing an answer to.
> >
> >Say I print up some books with CC BY-NC  works and give them to friends as
> >gifts. Can they sell them when they are done? To a used book store? Can
> > the used book store sell them? If I printed a bunch and gave them to a
> > friend who owns a new book store, could he sell them? (In other words,
> > money would definately be going from hand to hand, but not in connection
> > with the person making the copies in rthe first place.)
>
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