Re: Is the NC in CC-BY-NC negated in 2nd generation derivatives? or is it a very weak copyleft?

[Charlie Lowe <cel4145@xxxxxxxxxxxxx>]

In case anyone else is interested, I found the answer to my own 
question. There is a table at

http://wiki.creativecommons.org/Frequently_Asked_Questions
(see "If I use a Creative Commons-licensed work to create a new work (ie 
a derivative work or adaptation), which Creative Commons license can I 
use for my new work?")

Which shows that BY-NC adaptations can only be released as BY-NC, 
BY-NC-ND, or BY-ND.

Charlie

On 7/1/2010 2:43 PM, Charlie Lowe wrote:
> I'm doing some research on Creative Commons licenses, and I need help
> interpreting CC-BY-NC. After reading the legal code for this license, it
> seems that NC might can be negated in a 2nd generation derivative work
> ("Adaptation" under the terms of the license) by releasing the 1st
> generation work as a plain CC-BY license. Or is the NC clause
> functioning as a weak form of copyleft?
>
> In the first instance, an author
>
> (1) creates an Adaptation. Under the terms of the license, she is
> obligated to follow the restrictions in the license. But she does not
> have to license the resulting work under CC-BY-NC, but rather chooses
> CC-BY.
>
> (2) The same author, or another author, creates an adaptation of the
> adaptation listed in (1). Because the 2nd generation derivative work is
> no longer subject to an NC clause, the author is no longer obligated to
> observe the restrictions of the CC-BY-NC license in the original work.
>
> ****
>
> Or, is something different happening here which preserves the
> restriction through derivative versions? Would the NC clause require
> that an adaptation itself be licensed under a CC license (or similar)
> with an NC clause because of the "directed toward commercial advantage"
> clause in 4A in the license, such as either CC-BY-NC, CC-BY-ND-NC, or
> CC-BY-SA-NC? Here is the link to the legal code:
>
> http://creativecommons.org/licenses/by-nc/3.0/legalcode
>
> Thanks for any assistance,
>
> Charlie Lowe
> Assistant Professor of Writing
> Grand Valley State University