Development of Creative Commons licenses

[Blaise Alleyne <email AT blaise.ca>]

On 12-08-23 08:30 PM, jonathon wrote:
> On 08/23/2012 01:49 AM, sebastian nielsen wrote:
>> 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.
> 
> That doesn't allow for botched orders, or product returns.
> 
> If I spent a couple of hours on it, I think I'd be able to find a number
> of other loopholes.
> 

What if you're not paying for specific copies? For example, if you take a CC 
BY-NC-SA song (remix or cover) and include it as one song on an album. What's 
the specific cost for the BY-NC-SA portion of a CD?

Or, there are many other cases where the cost recovery is not done on a 
per-copy basis... say, including the BY-NC-SA cover/remix on a 
pay-what-you-can album, or as a free download with ads running to cover the 
bandwidth costs, etc.

Also, with BY-NC-SA and compilations, or even with BY-NC and derivatives, 
what happens when only part of the product is BY-NC(-SA) licensed? Like, a 
video that includes BY-NC photos, or a collection of essays published as a 
book where some are BY-NC(-SA), but others aren't?


I think that's a nice try at a definition for cost recovery, but it breaks 
down in a variety of ways:
- loopholes with respect to specific copies
- albums or compilations
- derivative works, for BY-NC, that aren't totally NC
- distribution that's not on a pay-per-individual-copy basis

I'm sure I'm missing a few other categories of examples where it would break 
down.