Development of Creative Commons licenses

[P-M <cc AT phizz.demon.co.uk>]

> From: cc-licenses-bounces AT lists.ibiblio.org 
> [cc-licenses-bounces AT lists.ibiblio.org] on behalf of P. J. McDermott 
> [pjm AT nac.net]
> Sent: 14 December 2012 06:29
> To: cc-licenses AT lists.ibiblio.org
> Subject: Re: [cc-licenses] [cc-community] Commercial Rights Reserved
>
> Forgive me if the beginning of this message sounds a bit off-topic; I do
> get directly to the thread's topic by the end. :)
>
> On 2012-12-13 19:42, P-M wrote:
> > [...]
> >
> > The point that is being made is that the work is released into a
> > non-commercial commons. A commons where people aren't primarily
> > exploiting the work of others for private gain. Commercial Rights
> > Reserved is misleading as in many cases it is not weak commercialism
> > that is being resisted but strong commercialism. So the use of a photo
> > by a local community group in a publication from which they hope to
> > raise a few quid is NOT the same as the use of the image by WALMART made
> > into posters or greetings cards. Similarly a band playing a song in a
> > club from which they get a cut of the door money is not the same as
> > Toyota using the song in an advertisement.
>
> It seems to me that many people who want to resist such "strong
> commercialism" are using the wrong license.  I believe that CC BY-SA is
> a more suitable choice for such goals.


CC BY-SA does not do what you think it does for many works.


> If Wal-Mart Stores, Inc. wants to license a photograph under the terms
> of CC BY-SA for use in a greeting card, they'd have to offer to any
> recipient of the card the same licensing terms for the entire card.
> Similarly, to license from a musician a song under the terms of CC BY-SA
> for use in an advertisement, Toyota Motor Corporation would have to
> offer all viewers the same license to use the whole advertisement.  In
> both cases, an Adaptation is made.


Simply printing an image onto a card does not make an adaption of the 
image. Simply including a song as part of an advertisment does not 
create an adapation of the song. Simply using the lyrics does not create 
an adaption of the lyrics. Simply reprinting a story does not create an 
adaption of the story. For many reuses no derivative rights are invoked, 
and the SA element is rendered inoperative.