Benjamin Rosenbaum

Comments on "Fiction, Wise"

My only concern is that your current CC license says NonCommercial, but since Finctionwise is making money selling the story, does that make it commercial? Then again, I guess it doesn't matter. I'm still very new to licensing, so forgive me! I guess, the fact that you have a CC license for the story here doesn't mean that the story can't be published somewhere else under a different license? It seems a bit confusing, but perhaps you could relate more how this might work if more than one publisher wanted to publish your work and perhaps each might allow for different restrictions on works that appear in their publications?

Posted by Levi Wallach at March 8, 2005 03:05 PM

An excellent question, Levi.

The CC license for "Embracing-the-New" says "you may reproduce this for free if you are doing so for a non-commercial purpose; if, however, you are making money off of it, you have to give me some (or at least get my permission)."

It doesn't say "Embracing-the-New" can't be distributed commercially. Fictionwise is distributing it commercially; their usage does not fall under the terms of the CC license; hence, they have to make a separate deal with me, which they did.

They can't rescind rights that I have granted. Anyone is free to distribute "Embracing-the-New". If they want to read it on a PDA, or if they value the collaborative filtering part of the Fictionwise site (e.g. they never heard of me but find the story through ratings or Fictionwise promotions), it may be worth it to them to pay FW money to get a FW copy of the story. That has no bearing, though, on their right to redistribute the story noncommercially, with attribution.

Posted by Benjamin Rosenbaum at March 8, 2005 03:16 PM

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