Subject: Re: For Approval: Academic Citing License
From: Evan Prodromou <evan@bad.dynu.ca>
Date: Tue, 28 Sep 2004 16:03:12 -0400

On Tue, 2004-09-28 at 08:21 +0100, Marius Amado Alves wrote:

> > ... Some CC licenses say that you can't distribute
> > or perform the work or derivative works for 'commercial advantage' --
> > not that you can't _use_ them for commercial advantage.
> 
> Duh? Perform is not use? I'm a composer. What other use of my work can 
> there be other than perform it?

You're right. Performing a thing is a use of the thing -- just like
selling or copying them is a use of the thing. I should have been more
precise and said that "no restrictions on use _not covered by copyright
law_" is the rule of thumb for the OSD. The uses that are reserved to
the copyright holder are:

	* reproduction and distribution
	* derivative works
	* public display or public performance

If you are a composer, and you release sheet music under a Creative
Commons NonCommercial license, I as a professional violinist may still
use your work to practise and improve my technique and knowledge of
music. That may be to my commercial advantage, but because it's not a
public performance, it's not under your control.

~ESP