Development of Creative Commons licenses

[David Chart <bydosa AT davidchart.com>]

I have a suspicion that a proposal for a completely new clause in CC 4.0 will 
meet with resistance, so I want to start with a bit of background, and then 
explain the reasons for the proposal in detail.

I'm coming from a background in table-top roleplaying games (like Dungeons & 
Dragons). I have, in fact, written a very small amount for Dungeons and 
Dragons, but by main activities have been in writing and then line editing 
the 5th edition of Ars Magica. I've also written, and been paid for writing, 
quite a lot of material released under an open license, the Open Game 
License. Some of that material has been reused by other people, and one 
reuser was nice enough to send me a free PDF of the adaptation. (For people 
who know the background, they revised something I wrote for 3.0 for use with 
Pathfinder.) I've also written and published a whole novel under BY-NC-ND, 
and some of my readers gave me money. (That's at 
http://www.davidchart.com/Tamao/ )

So, this proposal is based on actual experience of using open licenses in a 
commercial context.

Derivatives-Only (DO) would allow others to produce derivatives of the work, 
but not to distribute the work itself in any form. Simple translations to a 
new format would not count as derivatives, as for ND. Translations into 
foreign languages or other media (audiobooks, films) are debatable, but my 
initial thought is that they wouldn't count. However, sequels or prequels to 
a novel would be derivatives, and thus permitted. For RPGs, scenarios, 
setting books, rules expansions, and even thorough new editions would be 
permitted. In fiction, it would allow fanfiction. It would permit sampling of 
music, the use of film clips, and so on.

However, the original work would still be covered by the normal copyright 
restrictions, so the creator could sell it with a monopoly.

In the RPG business, a lot of companies have a policy that amounts to 
BY-NC-DO; it's our policy for Ars Magica, for example. It would be nice to 
have legalese that was standard. Similarly, BY-DO-SA would be a very 
appealing license for an RPG. Other people strengthen the game with their 
creations, and sell them to support themselves while doing it, but you can 
use their ideas in your new products, and people cannot legally distribute 
your products for free. If it existed, and I had enough free time to finish 
the RPG I'm working on, I would use it. BY-SA makes me much more nervous 
about the chances of making any money off the project.

Obviously, DO is a restriction. However, it's a restriction that preserves a 
very important part of the commons; the ability to create derivative works is 
central on the artistic side. Furthermore, for artworks (broadly construed) 
it makes sense in a way that it doesn't for software. Pemberley Hall does not 
have to use substantial sections of Pride and Prejudice.

That's the practical side. From the philosophical side, I would say that all 
the existing CC licenses assume that you do not make your living from selling 
your creative work. It is possible to make it work (as noted, I have), but it 
makes things a lot harder. DO would allow people to contribute ideas to the 
commons, while also allowing them to sell their creations, rather than having 
to wave collection tins, or make special editions, or go on concert tours 
(doesn't really work for books).

As evidence for the proposition that there is demand for such a license, I 
present fanfiction.net

The downside, of course, is the need to write legalese that defines 
derivatives in the right way. It is harder than defining no-derivs, I accept. 
It's also possible that this is legal under current law, but it's really, 
really, really unclear (and different in different jurisdictions; IANAL, but 
I have had to deal with the legal issues here).

So, I'm proposing this because it's the CC clause that I wish existed, and 
would use if it did, so I'd be really happy if it appeared in 4.0.
-- 
David Chart
http://www.davidchart.com/Blog/