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The case for a Creative Commons 'sunset' Non-Commercial license module

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OSS

Creative Commons is jumping on the license-rewrite bandwagon and planning to publish a draft of version 3.0 of their license modules. This has occasioned some discussion of the ways in which CC licensing can be improved (I hope to write more broadly about this later).

For me, it suggested re-treading an idea that CC failed with -- the so-called "Founder's Copyright", and giving it a bit of new life via a better implementation and a little cross-pollination with free software business models. After much pounding on the mailing list, I think I've got a good idea of the shape this ought to take, and I'd like to make a condensation here of my case for "Sunset NC/ND" modules for Creative Commons.

In brief, I proposed this: why not add a series of "Sunset modules" that expand the commons not by expanding on 'fair use', but rather by expanding on 'limited times'. Let non-commercial and non-derivative license modules be assigned a reasonable sunset via modules with (say) 1, 3, 7, and 14 year sunsets. This would allow the artist to use conventional proprietary licensing fees while the NC/ND was in force, but then expire into the copyleft (or non-copyleft) free commons. Theoretically this already happens with copyright expiration -- but at 80 years and rising, I argue that that's too long to be useful: it provides no incentive to the commons to assist the artist in distribution or promotion.

I'm going to assume you are familiar with Creative Commons (CC) licensing. If not, please read the Meet the Licenses, from the CC website. None of this will make sense if you aren't familiar with these basics.

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