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Subject: Development of Creative Commons licenses

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  • From: drew Roberts <zotz AT 100jamz.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] specific questions about the CC licenses
  • Date: Thu, 14 Sep 2006 08:38:39 -0400

On Thursday 14 September 2006 08:33 am, tk wrote:
> 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

Anyone doing gpl software is already allowing others to sell their work at a
profit. If you are a big supporter of Free or Open Source Software, I would
think you would want to use a BY-SA or BY license. Why the desire for the NC
option?
> thx again; take care
> tk

all the best,

drew
>
> 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
> >
> > _______________________________________________
> > cc-licenses mailing list
> > cc-licenses AT lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-licenses

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