Development of Creative Commons licenses

["Greg London" <email AT greglondon.com>]

So you want a license that:

allows distribution for money via
(podcast, radio, internet, clubs, pubs, cafes)

but prohibits distribution for money via
(physical media (CD's DVD's), advertisements)

And I just got to wonder, how exactly are you splitting
this atom? Because you appear to see a clean division
that is lost on me.

Why can someone sell the work online, but not
on a physical CD? I recommend reading bullet 8 of
http://www.opensource.org/docs/definition.php

Also, why can someone broadcast the work for money,
but not broadcast it for advertising money?
Since advertising is basically a field of endeavor,
I'll refer you to bullet 6 of the same URL
http://www.opensource.org/docs/definition.php

I refer to these not because CC is neccessarily bound
to them but because they reflect some serious problems
that Open Source projects ran into when everyone had
a different flavor of licenses that specifically
restricted against particular media or particular
fields of endeavor.

What you could do to approximate the desired result is to
release the work under CC-BY-ND. This would allow the
original work to be broadcast and allow others to make
money on it, but would prohibit the work from being
mixed into an advertisement or other derivative type work.

This isn't exactly what you requested because it would
allow anyone to sell the work on a CD which you didn't
want, but it would also allow anyone to sell the work
via podcast, which you allowed. Given that the music
industry for the most part seems to be making attempts
to embrace online sales, the CD may go the way of the
8 track, especially as MP3 players become more common.

But it would prevent commercial derivatives, which should
cover most instances of using the work as part of an
advertisement or marketing campaign. Someone more familiar
with this aspect could chime in and correct me if I'm
wrong about advertisements always invoking the "derivative"
clause of "NoDerivatives", but I can't think of an ad
that wouldn't be a derivative of a pure audio song or
a plain piece of visual art. More slippery ad execs might
be able to find loopholes, though.

Close enough?

> The Music industry seriously needs a different version of the CC
> license which allows commercial companies to be allowed to
> broadcast the work, be it using Podcast, traditional radio,
> internet radio, in clubs, pubs or cafes etc. for public
> entertainment. This is not just the commercial CC license,
> as music could not be burnt on a CD and sold, become the brand of a
> corporation, using to advertise a product, or derivative works made etc.
> Perhaps the non-Commercial license should have an option to allow
> broadcasting on commercial radio/casting as long as it is not
> used as part of an advertising message and the track still
> attributed in a reasonable way.



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