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Creative Commons is a tease!

I think Creative Commons licensing is pretty cool. If Flickr and CC images had existed when I was at university doing interactive art projects and learning design, it would have been a massive help. But unfortunately, I think 2 factors have aligned to make it a bit useless to me. These factors are:
  1. Pretty much everyone is using the non-commercial license
  2. Because of things like Adsense, pretty much everything is commercial
If you post an image on your blog, and your blog has ads, that's basically a commercial use, right? If you make a Flash game with CC non-commercial artwork, you shouldn't even upload it to a portal, as the portal will sell ads around it and so make money. Look at Aral Balkan's stitch-up by Sys-Con as an example of the mess that CC can get things into. Should I even post CC images on my blog? It doesn't have ads, but isn't it kinda part of my business?

Case in point: I love this set of CC sprites by Philipp Lensenn



They are brilliant, but to describe them as FREE as is misleading, because they're under a non-commercial license. Basically they're free, as long as you don't really want to do anything with them.

What's the solution? More people should use the commercial licence. But it wouldn't really be fair to, say, make a hit game and a bunch of money without any going to the artist. A better solution - contact the copyright holder and make a deal to share the money. But that scenario is no different than if the images had no CC license at all.

My solution:

We need to come up with some kind of "revenue share" license, like the royalties radio-stations pay when they play songs on the radio. This way the artist would get a cut, but you wouldn't have to contact them BEFORE you use their work, only once the money rolls in. Would it work? Who knows, but at the moment artists like Philipp might be missing out on a chunk of change because game developers are afraid to use his sprites for fear of breaking the terms of the license.

Thankfully, most code libraries are MIT licensed, which is very permissive, so you don't run into this problem with code. And don't get me wrong - so far I haven't personally CC'd any of my own artwork, but maybe if there was the chance of getting some pocket money from it, I probably would.