[Licenses] Proposal for new "Commercial" clause

[Heather Morrison]

What NC currently does is to give creators / rightsholders an option to
grant blanket downstream re-use rights without granting downstream blanket
commercial rights. It is not a given that rights holders are interested in
restricting commercial rights for compensation.

One example where the purpose is not likely reserving commercial rights for
financial gain is university professors creating teaching materials. If
profs at not-for-profit universities grant commercial rights to such works
they can be used by for-profit competitors. It is important to understand
that CC licenses are just that - licenses, with no guarantee that they will
be used to build Commons.

An example of the latter is the for-profit commercial scholarly publishers
that are using CC licenses as a result of policy while their industry
association, STM, is lobbying the EU to be included in ancillary copyright
(link tax).

There is more to building a Commons than legalese.

Best,

Heather Morrison

On Sep 19, 2016 10:51 AM, "Martin Doucha" <next_ghost at quick.cz> wrote:

Hello,
I'd like to propose a new alternative to the non-commercial clause that
will both fit within the definition of Free Culture License and ensure
remuneration from commercial use by third parties.

The clause would set only one requirement for commercial use: payment of
fee calculated as a percentage of commercial user's revenue to the
author. The author would be free to set the percentage as high or low as
they want (between 1% and 99%, obviously). The short license name could
be written as e.g. CC BY-C05 for 5% fee or CC BY-C25 for 25% fee.

The non-commercial clause is often interpreted by the public (and even
intentionally used by some authors) as an anti-commercial statement
rather than invitation to ask for a separate commercial license. The new
"Commercial" clause could clear that confusion and bring open licenses
to the more traditional parts of creative market.

Regards,
Martin Doucha


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