How do I handle copyright issues on a blog/CMS template I'm developing and selling?

February 21, 2008 8:04 AM

How do I handle copyright issues on a blog/CMS template I'm developing and selling?

I want to prohibit commercial use in the sense that the theme cannot be re-sold, but I DO want people to be able to use it commerically (once) for their business, or for their personal use. The CC Non-Commercial license is close, but would prevent ALL commercial use, unfortunately. Any other suggestions?

posted by deern the headlice to computers & internet (4 answers total)

Well why don't you get the CC license terms and edit it according to your needs. It's your product, you can determine what ever the terms you want.

It just wouldn't be a generic license like CC or GPL.
posted by WizKid at 8:57 AM on February 21, 2008

Copyright licenses are not magical talismans. Licensing your copyrighted works at one time will not void your copyright, and you can choose to stop licensing the work at any time.

One option (as indicated by WizKid) is just to edit the CC license. Another is to go to the CC License and build your own.
posted by toomuchpete at 9:28 AM on February 21, 2008

Upon further review, it seems that the CC license site is far less granular than I remember it. Just edit the license.

Alternately, you could say something like "Works licensed using <CC License>, but <additional stipulations>". I'd recommend using the more restrictive CC license and loosening it using the additional stipulations, so that people who stop reading too early don't think they have permission for things they don't.
posted by toomuchpete at 9:31 AM on February 21, 2008

I deal with licensing issues every day. I'd be wary of editing a license since that often confuses the hell out of people. They think it's the real CC non-commercial license for example since they didn't read the small print that was changed.

It sounds like you want a regular old commercial license. If you plan on making a living from selling this, talk to a lawyer. If its more for small change, consider something along the lines of a clear statement in you them / documentation such as:

// Copyright 2008 deern the headlice
// This theme requires a commercial license for use
// See http://example.com/buy.html for more information

I would also recommend doing web searches for that text, and also some other embedded string from time to time to see if people are using your theme without a license.
posted by bottlebrushtree at 10:06 PM on February 21, 2008