Cc-uk mailing list

[Rob Myers <robmyers AT mac.com>]

On Thursday, August 05, 2004, at 11:21AM, Colin Cotter 
<colin.cotter AT imperial.ac.uk> wrote:

>However, I would like to modify 2) to become
>2) Allow commercial uses - IN LIVE PERFORMANCE ONLY
>or, possibly
>2) Allow commercial uses - ONLY FOR LIVE PERFORMANCE OF MUSIC INTENDED 
>PRIMARILY FOR DANCING
>
>Is it easy/possible to make a license of this type?

(I am not a lawyer).

I'd recommend using CC-BY-NC-SA , that is NonCommercial, and adding a 
specific exception that allows commercial use in the circumstances you give 
above.

Something like:

Copyright (c) 2004 By You
The author has asserted their moral rights.
This work is licensed under the Creative Commons CC-BY-NC-SA license. 
See http://www.creativecommons.org/licenses/2.0/CC-BY-NC-SA/
Additionally you may perform this work commercially for live performance of 
music to accompany dancing.

The exception wouldn't be carried over to any derived work, though. This 
means that people who use the ShareAlike clause to make new work based on 
yours wouldn't be required to allow commercial performance in the same way. 
You could specify this:

Additionally you may perform this work commercially for live performance of 
music to accompany dancing, and any derived work must also carry and require 
this condition.

But it's a bit unweildy, and looks like adding terms outside the contract, 
which I'm not sure works legally (IANAL as I say).

Personally I'd just go CC-BY-SA *after* releasing the work on CD, which I 
assume is the commercial exploitation you wish to avoid?

- Rob.