Next Steps: NonCommercial and NoDerivatives Discussion
Timothy Vollmer, December 17th, 2012
In the last few months there has been quite a bit of discussion about what CC should do with the non-free licenses. Some have called for Creative Commons to retire or otherwise change the way we offer licenses containing the NonCommercial and NoDerivatives conditions because those licenses do not create a true commons of open content that everyone is free to use, redistribute, remix, and repurpose. These suggestions have been made by the Students for Free Culture, QuestionCopyright.org, the Open Knowledge Foundation, and others.
- the freedom to use the work and enjoy the benefits of using it
- the freedom to study the work and to apply knowledge acquired from it
- the freedom to make and redistribute copies, in whole or in part, of the information or expression
- the freedom to make changes and improvements, and to distribute derivative works
There are four CC licenses that are considered “non-free” because they do not provide for all of the freedoms listed above. The CC licenses that contain the NonCommercial and/or NoDerivatives terms are considered non-free. These licenses are BY-NC, BY-ND, BY-NC-SA, BY-NC-ND.
Back in August we wrote a blog post about the ongoing discussion around NonCommercial and NoDerivatives and promised to keep the conversation going. We noted that these issues have surfaced frequently over the years, and we reminded readers that CC studied the NonCommercial issue and has worked to try to clearly mark and otherwise communicate the differences between the Free and non-free licenses. For example, CC has placed a “Definition of Free Cultural Works” seal on the BY and BY-SA license deeds. We also included it in the most recent upgrade of our license chooser.
We’re taking a close look at the arguments and recommendations from the various individuals and groups and have generated a few TO-DO items to attempt to address the issues raised. We have aggregated these proposed actions on the CC wiki. We’d appreciate any feedback you have–you can do this over at the CC-Community email list or the wiki Talk page.
Some of the draft actions include the following (you can read more about them on the wiki page):
- Improve information about which CC licenses align with definitions of “Free licenses”
- Revive the color-coded “license spectrum” graphic
- Provide descriptive examples of adoptions of Free and non-free licenses
- Gather feedback about changing the name of “NonCommercial” to “Commercial Rights Reserved”
This last point warrants a specific mention here, as it would be a big (and potentially sensitive) change to the branding of the Creative Commons NonCommercial licenses. This proposal is for a simple renaming of the “NonCommercial” license element to “Commercial Rights Reserved,” without any change in the definition of what it covers. Renaming it to something that more accurately reflects the operation of the license may ensure that it is not unintentionally used by licensors who intend something different. For more information about the idea and rationale behind this proposal, please see the CC wiki page on the topic.
Again, if you have feedback on the proposed actions or other ideas that haven’t been captured here, please contribute to the CC-community list, the wiki Talk page, or in the comments below. We appreciate your thoughts and suggestions.