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cc-licenses - Re: [cc-licenses] NoDerivs and Sharealike are not opposites; should be a ND-SA option

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Subject: Development of Creative Commons licenses

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Chronological Thread  
  • From: "Mr. Puneet Kishor" <punkish AT creativecommons.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Cc: Heather Morrison <hgmorris AT sfu.ca>
  • Subject: Re: [cc-licenses] NoDerivs and Sharealike are not opposites; should be a ND-SA option
  • Date: Thu, 4 Apr 2013 20:36:23 -0700

On Apr 4, 2013, at 4:10 PM, Anthony <osm AT inbox.org> wrote:

On Thu, Apr 4, 2013 at 3:17 PM, Heather Morrison <hgmorris AT sfu.ca> wrote:
Thanks, Anthony.

What does a creator do if they want to release their work so that it can be included in a collection, but not modified, as long as the collection is under the same license terms?

They release their work with a license which says that the work can be included in a collection, but not modified, as long as the collection is under the same license terms.

No CC license does this.  In fact, I'm not aware of any license which does.

It is potentially possible.  And CC licenses are themselves CC0, so you could potentially modify CC-ND to do this.  You'd definitely have to strip out the parts allowing use as part of a Collection, and add a sentence which says "The work can be included in a Collection, but not modified, as long as the Collection is under the same license terms."  You'd probably also have to do something with the permission to copy, because otherwise you might run into problems with the doctrine of first sale.  It's probably something you'd want to get legal advice on, if you needed any level of assurance that you were getting it right.

Before you do the above, please be aware of the following:


> CC does not assert copyright in the texts of its licenses, so you may modify the license text as you wish. Be aware that if you change the text of any Creative Commons license, however, you must no longer call, label or describe the license a “Creative Commons” or “CC” license. Nor can you use the Creative Commons logos, buttons or other trademarks in connection with the modified license or your work.

> We advise against modifying our licenses or the terms that apply to reuse, whether by altering the text itself or indirectly through other means, such as in your terms of service. A modified license very likely will not be compatible with the same CC license (unmodified) applied to other works. This would prevent licensees from using, combining or remixing content under your customized license with content under the same or compatible CC licenses.

> Worse, doing so creates friction that confuses users and undermines the key benefits of public, standardized licenses. Central to our licenses is the grant of a standard set of permissions in advance, without requiring users to ask for permission or seek clarification before using the work. This encourages sharing and facilitates reuse, since everyone knows what to expect and the burden of negotiating permissions on a case by case basis is eliminated.








--
Puneet Kishor
Policy Coordinator for Science and Data
Creative Commons



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