"That may be, but the effect of the NC clause is to make it impossible for poor artists to make money from their derivatives of the covered work."

No it doesn't. It means the poor artist has to find another artwork to make derivatives of, one that is not covered by an NC license. Or they have to negotiate a commercial license with the artist using the NC clause, who is probably also a poor artist. This would give the original artist the chance to ask for a fair revenue-sharing deal, but depending on the situation, they might also just give them permission, and supply a bank account number for an optional donation. The point is, commercial use means there's going to be money involved, and its not unreasonable for some of it to go back to artists who did the original work.

"If I sell tables and tell you that, therefore, you are not allowed to sell tables, I'm sure you would be able to see why that is unjust."

I do. But tables are like buckets in my example above. What we are talking about is not NC clauses on tables (or buckets), but NC clauses on paintings of tables (or buckets).

Reply via email to