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cc-licenses - Re: [cc-licenses] FW: [cc-community] Commercial Rights Reserved

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Subject: Development of Creative Commons licenses

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  • From: P-M <cc AT phizz.demon.co.uk>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] FW: [cc-community] Commercial Rights Reserved
  • Date: Fri, 14 Dec 2012 11:30:50 +0000

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.








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