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  • From: sebastian nielsen <nielsen.sebastian AT gmail.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Question on Draft 2: Definition of Non-Commercial (again)
  • Date: Thu, 23 Aug 2012 03:49:35 +0200

I have a great definition of cost recovery:

That only costs that are directly tied to that specific copy of the
work in question may be recovered.

For example: If you purchase a video camera for 1000$ to use it to
record a work that is then edited to be a derative work of a CR work,
you may NOT recover the cost of the video camera, since the video
camera cost is ONLY associated with the "master" work, not the actual
copies.

But you are allowed to recover cost for example postage stamps for
mailing out the work on physical media, or the physical media itself.
Same if you host it on a webhost which charges lets say 1$ per GB
transfer, and the work is 500MB, you may charge 0,5$ for such a work.
Same with transaction fees. If your payment provider charges you lets
say 1$ per transaction + 500$/month, you may recover the
per-transaction fee, but NOT the 500$/month cost. (Since the monthly
fee is not tied to a specific copy).

To prevent exploitation by running 2 companies which charges each
other for "fake" things to earn money on a CR work, a clause can be
made saying that CR is not allowed for fees that are charged by
companies that have ANY non-business relation with each other
(sub-company, neightbours, family, relatives and such).

2012/8/22 jonathon <jonathon.blake AT gmail.com>:
> On 08/19/2012 11:52 PM, Kevin Feenan wrote:
>
>> So what are we? CC-BY-SA or CC-BY-NC-SA?
>
> If you own the copyright, you can distribute content under CC-BY-NC-SA,
> and do things like charge for the content. CC-BY-NC-SA, theoretically,
> prohibits third party distributors from charging for the content, either
> directly, or indirectly.
>
>> as they do not want to open the door in anyway shape or form to other
>> people
> thinking the works can be used for anything other than NC purposes.
>
> The only thing that NC prohibits, is commercial exploitation. Those who
> are ethically challenged can commercially exploit NC content, without
> being in violation of the letter of the license.
>
>>allow for limited commercial uses for the purposes of cost recovery only,
>
> Define "cost recover".
> The Harry Potter films are the highest grossing series in history, with
> receipts of US$7,700,000,000. Each film in the series is in the top 35
> grossing films in history. Nonetheless, the each film, and the series
> as a whole, has yet to show a profit. They are, from the POV of
> "Hollywood Accounting" still in the "cost recovery" stage.
>
> jonathon
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