Development of Creative Commons licenses

[tk <thierryk2005 AT gmail.com>]

thank you realy much bjorn for answering my questions;
the last answer is actualy a real worry then because it is imposible to verify if someone is seling at cost or at profit; i need to think about it a litle bit more then
thx again; take care
tk

On 9/14/06, Bjorn Wijers <mailings AT bdisfunctional.net> wrote:

Hi Tk,

NOTE: I am not CC nor a lawyer

> 1. If I decide to use the *Attribution-NonCommercial-ShareAlike 2.0
> France license
> , does it apply only to France or all French speaking countries and even
> to any countries (I plan to have the books in different languages and
> people could decide to get a book in a specific language that is not the
> national language) ? How do we know it will be valid and enforced ?

That's a lot for one question ;)

As far as I know the CC licenses are world valid and not limited to
French speaking countries nor a specific language. The licenses are
valid (proven in two court cases; one in The Netherlands, one in Spain).
CC licenses are not being enforced by a specific organisation. You need
to do this yourself.


> 2. The books will include a fairly important part of illustrations:
> Should I use then both the text and image license at the same time for
> each book ?

No.

It would be advisable and more clear for the end-user, but you may use
different licenses for different elements of the books provided this has
been labeled appropriate and made as clear as possible for the end-users.

>
> 3. About the non commercial aspect: I understand that I can decide to
> sell or not our products but someone else cannot resell/sell our
> content, correct ?

I belief this is correct. The licenses are non-exclusive and the
rightsholder may therefor license a work under multiple conditions /
licenses.

>
> 4. Do we need an express authorization of every author when it is a
> multi authors book  or only the publishing decides and authorizes the
> use of the license ?

Depends on the arrangements you have with the authors. The rightsholder
may decide to use CC, so it depends on who owns the rights...

> 5. Sharealike: I udnerstand that under this specific license
> **Attribution-NonCommercial-ShareAlike, someone can make derivatives
> product BUT not sell them (ie, the modifications or the derivative
> product, correct ?

I am not completly sure, but I think you are correct.


> 6. Can my publishing company sell those derivatives by default or do I
> need to negotiate this point with the author(s) of the modifications ?

I would say you would need to negotiate this with the derivative author(s).


>
> 7. Finally but not least, can someone just print the on line content or
> scan the books and reprint them and give ithem away for free or at not
> profit, ie, still sell it but at cost ?

Depends on the chosen license and the definition of commercial Vs
non-commercial. If you choose the non-commercial option in your license
I would argue that this would be possible provided the money asked is
just for the printing costs (ie material).

Hope this helps,

All the best,

grtz
BjornW

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