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On March 19th I posted about the idea of a non-political Creative Commons license. Talking about it with various people since, it’s clear it won’t work, and lends itself to some serious abuses in more totalitarian jurisdictions.

BUT I stand by my point that what appeals to me most about the NC license is not the chance to insist on payment for the right to use the work in commercial derivatives, but the right to block certain corporations from using my material to advance their agendas, and that I would like a way to do the same with other, non-commercial groups.

So could we make a Non-Promotional license work? I.e. you are free to use this work to produce further work which is primarily creative or educational in purpose, but if the derivative work is primarily aimed at promoting some external objective, such as encouraging buying a particular product, voting a particular way, or adopting a given set of values, you need my permission again.

Problems: distinguishing between education and advocacy can sometimes be difficult. Even creative speech can have a very distinct agenda. The increasing encroachment of marketing into what would traditionally fall under the aegis of art (eg product placement) can mean that even the most easily excluded agenda, sales of a product, is hard to exclude completely. I’d have no problem with the license simply prohibiting use of the CC-NP material in a derivative that contains product placement, though…

Need to think about it more.


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