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cc-sampling - Re: [cc-sampling] where Sampling will fit in the overall licesning model

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Subject: Development of the Creative Commons Sampling license (or license option)

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  • From: Don Joyce <dj AT webbnet.com>
  • To: creative commons license list <cc-sampling AT lists.ibiblio.org>
  • Subject: Re: [cc-sampling] where Sampling will fit in the overall licesning model
  • Date: Thu, 26 Jun 2003 04:05:24 -0700

Glenn,
Would it then be possible to have an option in the sampling license to restrict any and all uses in commercials or advertising specifically without payment/permission. This means transformed or not. This is because what some of us may want is to NOT appear in commercials at all, not on the basis of whether we're transformed or not, but on the basis of commercial intent which we don't wish to be associated with in any form. We do not claim claim this right of control over association in art if we are "transformed," but we sure should be able to with regard to commercials which are not art.
DJ




It seems we're more or less settled on the meat of the sampling language,
but we have to figure out (1) this warranty and third-party rights issue;
(2) how this license fits in the overall CC model.

Issue (1) is something our board is talking about right now. There's been
discussion about this re: all our licenses, and I think we'll have some
decision soon. So let's hold off on that for now.

(2) We haven't talked much about how the license will fit in the overall
model. Here are my thoughts: first what I think CC policy should be, and
second, why.

The sampling license should be a stand-alone specialty license. A user
comes to CC, clicks choose license, and sees pretty much the same menu of
choices they see there today: <http://creativecommons.org/license/>.
But they also see, prominently flagged next to this menu, a list of our
"specialty licenses": sampling, education, developing nations, founders
copyright.

Let's say the user then clicks on "sampling." My ideal is that this is a
standard license with no options:
Attribution is always required (BY:), and commercial use is permitted
only for transformative works (sampling, mash-ups, etc.); "share alike"
is not an option, and "no derivative works" is obviously not an option.

Here's why:

a) More options aren't necessary. Offering a commercial-noncommercial
option in the sampling license wouldn't make sense. Right now, if you
wanted to allow any commercial use of your work, including derivatives
and verbatim copies, you could simply use any of our current licenses
that 1) don't specify "noncommercial" and 2) allow derivative works. The
whole point of this license is refining that noncommerical provision to
allow commercial transformations but not commercial verbatim copying.

Also, 99% of our users now require Attribution, and Negativland has
seemed keen on requiring it, too. I like the idea.

b) Simplicity. I like our main menu of options right now and want it to
remain pretty stable and simple. The more options we throw into that
menu, the more confusing, time-consuming, and complicated the licensing
process gets. So let's stick with our "a la carte" menu, and offer a
separate "prix fixe" menu next to it.

--Glenn

---------------------
Glenn Otis Brown
Executive Director
Creative Commons
glenn AT creativecommons.org
+1.650.723.7572 (telephone)
+1.415.336.1433 (mobile)
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