Development of Creative Commons licenses

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

On Thursday 14 December 2006 08:39 am, Mia Garlick wrote:
> heya, first up - i don't read the original posting as asking that.  i
> read the original posting as asking whether you can have one version
> of the work under a CC license and a version of the work in a
> different format under an ARR copyright.
>
> secondly, in your hypo, i think the answer is no. just because
> someone has offered something under one set of license terms (license
> A, let's say) and then another (license B), doesn't give licensee A
> the authority to switch to license B.  however, as a practical matter
> this question may be moot because if licensee B became aware of the
> less restrictively licensed work then they could go and take a copy
> under that license and so become a licensee under that license.

Mia, I think you are missing the play in my example. The BY-SA is at a lower 
quality than the BY-NC-ND. Can they get a copy of each and then transfer the 
BY-SA to the higher quality copy? I was told they could because it was the 
same "work" as far as copyright law was concerned. I was told that, in 
effect, I had given the BY-SA license out for the work and that the higher 
quality file was an instance of the same work and not a different work under 
copyright law.

This is why I have asked for a good while now if this has to be this way. I 
would like to, and had started to, explore a funding model where I could 
preset sales volumes where better and better quality "versions" of works 
could move to BY-SA over time.

I will see if I can find the original thread in the archives and post a link.

all the best,

drew
>
> On Dec 14, 2006, at 5:30 AM, drew Roberts wrote:
> > On Thursday 14 December 2006 07:57 am, Mia Garlick wrote:
> >> actually, i disagree....see e.g., clause 7(b) (referring to the BY
> >> license for ease of reference) confirms that: "Notwithstanding the
> >> above, Licensor reserves the right to release the Work under
> >> different license terms..."
> >>
> >> the license is non-exclusive, thus it is perfectly acceptable for a
> >> licensor to offer one version under a CC license and one under
> >> separate licensing terms.
> >
> > I am happy to hear you disagree, so just to be sure we are on the
> > same page
> > Mia, here is what I was trying to do:
> >
> > http://www.ourmedia.org/node/42417
> > http://www.ourmedia.org/user/17145
> > http://www.lulu.com/zotz
> >
> > So, are you saying that if I release a photo at 640X480 under BY-SA
> > and
> > 800X600 BY-NC-ND, a person could not take the 800X600 and apply the
> > BY-SA
> > license to it as they have such a license for "the work"???
> >
> > I know I can give out different licenses, the question is can a
> > person "move
> > licenses" to other versions that they have of the same work? I hope
> > that it
> > is clear what I am asking.
> >
> > all the best,
> >
> > drew
> >
> >> On Dec 14, 2006, at 4:14 AM, drew Roberts wrote:
> >>> On Thursday 14 December 2006 02:55 am, Amit Yadav wrote:
> >>>> hi all,
> >>>> i wanted to know if it is possible to have a song file at say 128
> >>>> kbps
> >>>> under CC license and have another file (of the same song) at say
> >>>> 256kbps under Copyright (the usual "all rights reserved" one) when
> >>>> both files are of the same recording….. ??
> >>>
> >>> I would like it if that were possible, I was trying the same thing
> >>> with
> >>> pictures, I was told no. It is the "work" that is licenses, not an
> >>> instance
> >>> of the work.
> >>>
> >>> I would still appreciate a better explanation of why it must be
> >>> this way.
> >>>
> >>>> thanks
> >>>> Amit
> >>>
> >>> all the best,
> >>>
> >>> drew
> >>> --
> >>> (da idea man)
> >>> National Novel Writing Month
> >>> Sayings (Winner 2006)
> >>> http://www.ourmedia.org/node/262954
> >>> _______________________________________________
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> >>
> >> _______________________________________________
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> >
> > --
> > (da idea man)
> > National Novel Writing Month
> > Sayings (Winner 2006)
> > http://www.ourmedia.org/node/262954
> > _______________________________________________
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>
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-- 
(da idea man)
National Novel Writing Month
Sayings (Winner 2006)
http://www.ourmedia.org/node/262954