p.s. Wandered over to your blog and love what I see – subscribed!

Fang – Mike Seyfang

First up, I’m not sure how you legally put your work into the public domain? One reason for Lessig and co introducing the CC license in the first place was that the public domain (in the USA) was being eroded by default. ie. if you doodle on a napkin by default, with registering, this “work” it is your copyright. I’m not certain of the situation in Australia.

In general I like Stephen Downes approach to these question. However, I’d also prefer to avoid purism in a world where people need money to survive and would suggest that there is a need for human-human negotiation as well as licensing arrangements.

I would say by using the ‘Attribution, Non Commercial’ license you initially avoid the negative Blackboard scenario. However, if a company wants to then approach you and negotiate the use of your materials commercially then through a human-human process something might be able to be worked out. Although this probably wouldn’t work well in the education department because they are stuck in the Paleonoic era but there might be some hope with some enterprising businesses.

Cory Doctorow for example sells his scifi novels, distributes them for free on the internet and allows people in Third World countries to make money from them. I think the issue is that Law is limited because humans are so complex, there are always cases and nuances that are not covered by Law even in those cases, possibly rare, when it is well thought out.

For now, I’m sticking to the ‘Attribution, Non Commercial’ license. Thanks for initiating discussion of an important detail of the CC license.

Would love to address the ‘commercial content’ angle over on your blog.

Fang

I’ve read several articles and discussions regarding DRM and am concerned that people who want to make money on digital works are being demonised. If I want to create a video using a piece of music that I really like and purchased for the purpose of private use, it makes sense to me that I compensate the artist.

Do I think it’s right that the song “Happy Birthday to You” – which has become a part of certain Western cultures – should be restricted in its use? I’m not ready to cry out “Hell no!” – despite that being my initial gut reaction. Just because something is widely used and popular (as in use, not in origin) doesn’t mean it should automatically be public domain.

Now, I am on the brink of Public Domain myself. Others making money on my work never bothered me. Having a motivation to be recognised actually bothers me a little – hence my consideration of the Pub. for my work… but then, it is recognition that might be motivating me there – more than altruistic ideas about freedom, culture and ideals… “gosh! LB uses Pub. How cool is he!”