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Subject: Development of Creative Commons licenses

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  • From: Andrew Rens <andrewrens AT gmail.com>
  • To: cc-community AT lists.ibiblio.org
  • Cc: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] [cc-community] Commercial Rights Reserved
  • Date: Mon, 10 Dec 2012 14:54:56 -0500

I am strongly in favour.

Far too many people who I have advised on Creative Commons licenses around the world think that NonCommercial means either that (a) as licensors they themselves may not use the work commercially while others thinks that (b) no-one can use the work commercially which is of course inaccurate; the license only prohibits (and can only prohibit) those specific activities that are subject to exclusive rights.

As a consequence of (a) some licensees are critical of licensors that engage in activities that are obviously commercial such as sale and lease of works even though the licensor is strictly entitled to do so. Obviously the message doesn't match the legal details.

The messaging in respect of Commercial Rights Reserved is closely tied to the transactions costs of licensors granting additional licences on request. The higher the transaction costs for licensors to signal that they will grant additional permissions on request the harder it is for licensors to create business models that rely on granting commercial rights.

Andrew

On 10 December 2012 14:27, Kat Walsh <kat AT creativecommons.org> wrote:
There is one piece of the recent NC/ND announcements I'd like to call
particular attention to.

One of the open proposals is to change the name of the NonCommercial
license to "Commercial Rights Reserved". I've put together a page on
the wiki (also linked in the previous email) with a description of the
proposal and some arguments for and against--you can find it at
http://wiki.creativecommons.org/Commercial_Rights_Reserved

(I've seen several people comment on and link to it already; thank you!)

This would be a pretty big change, and we're hesitant to do it unless
there is strong support. We'd like to hear broader input on it to be
able to make a decision--please let us know what you think!

Cheers,
Kat

--
Kat Walsh, Counsel, Creative Commons
IM/IRC/@/etc: mindspillage * phone: please email first
Help us support the commons: https://creativecommons.net/donate/
CC does not and cannot give legal advice. If you need legal advice,
please consult your attorney.
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--
Andrew Rens

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