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cc-licenses - Re: [cc-licenses] Granularity on non-commercial restrictions

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Subject: Development of Creative Commons licenses

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  • From: Marco Raaphorst <marco.raaphorst AT gmail.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Granularity on non-commercial restrictions
  • Date: Thu, 24 Nov 2005 08:36:17 +0100

FCE sounds great. In my opinion BY-FCE would work for those who are doing music for documentaries and films, relicensing might not be needed because of this. But the term fair might be tricky. What I love about it is that it could work automatically, no need to talk or create special licenses. In the future when digital copying  will grow also for filmmakers this might be interesting. And also because you don't need middlemen between artist and 'user'.

Regards,

Marco

On 11/23/05, drew Roberts <zotz AT 100jamz.com> wrote:
On Wednesday 23 November 2005 04:15 pm, Stefan Tiedje wrote:
> drew Roberts wrote:
> > Yes, but since NC is not clearly defined, someone with tendencies like
> > mine is going to be leery of playing with them at all. Especially where
> > certain copyright violations can carry jail time.
>
> This is exactly aimed at the need of clarification. The commercial use
> should be easy understandable and clear with no risk of going to jail or
> paying any unfair punishments. The only risk I could imagine of is
> something like making public what you paid and saying thank you.
> If Micro$oft would use my music lets say for an advertisement and pay me
> only one dollar, you'd be sure the world will know, but I wouldn't sue
> them, and I can't because the user decides whats appropriate. Only if
> there is no compensation at all for "Fair Compensation Required" this
> would be possible.

Ah, but after thirty generations of combinations, what then. I understand how
it could be clean and simple in the first generation.
>
> >>Thats why I wanted to simplify it with a common definition of "fair
> >>compensation" and two ways to ask for it either "required" or only
> >>"encouraged".
> >
> > So, BY-SA-FCR or BY-SA-FCE or BY-SA? Is this what you would envision in
> > the BY-SA area?
>
> almost, it would be either BY-SA-FCE (Fair Compensation Encouraged) or
> BY-SA-NC-FCR (Fair Compensation Required) where it means the commercial
> use requires a compensation, but the user will determine the amount,
> which will be accepted in any case. The latter would not need a change
> in the BY-SA-NC license, because the FCR would only cover the commercial
> use. It could then be redistributed either just with BY-SA-NC or again
> BY-SA-NC-FCR The FCR would add some freedom, as its possible to use it
> commercially under hopefully easy to understand circumstances.

I need to read that again and try to digest it when I am not so tired.
>
> > I am certainly not against the compensation of the creators though. So
> > long as it does not gum up the works.
>
> In the world of art, you either like the work or you don't. In that
> regard artists are much more powerful than programmers.
> You could always recreate a program from scratch and deliver it with
> what ever license you prefer.
> But if I feel the need to create a derivative work from a music I love,
> there is now other way than respecting the will of the creator...

You could of course, suppress the need and find a free work that inspires you
and start your creation from there.
>
> This won't influence the distribution of a work. I guess most of the
> music you listen to is standard copyrighted music, but if you love it
> and want to listen to it, you'd have to buy (or steal) it somehow. There
> is no alternative.

You guess wrong. Severl years ago, it would have been a good guess, but not
today. Today, I actively seek out Free Music (libre) and am spending my own
money and time towards the creation of Free Music.

I also only want to give minimal if any cranial capacity to non-free works. It
is too restricting of my own creativity as you touched on above.



>
> As a creator of art, you might actually want to gum up your work a bit,
> to prevent dilletants from destroying the original idea. I do like to
> give my work away, but I also want to be sure its treated respectful.

Freedom is a powerful thing. It can hurt, but it is better than chains.
>
> Stefan
all the best,

drew
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