Step 1: Figure Out What You Want and Ask for It
Image below CC .michael.newman
Step 2: Know That Your Publisher Is Scared
When we set up our own domain, showed the publisher the wiki (licensed CC, well before we signed our contract), and our blog, we were kind of scared they would be upset with us. We were surprised and relieved when they sent it around to everyone in the company as a model of how to use wikis and blogs. It was something they had been thinking about trying to do, but hadn't. Be the leader.
Image below CC aorr
Step 3: Show Them the Money
Image below CC Steve Wampler
Step 4: Pitch It With Facts
The Asterisk book sold 19k copies over two years (about what comparable books from O'Reilly were selling), but was downloaded 180,000 times from *one* of the 5 sites that mirrored it.
Also consider google as arbiter:
Results from google search breakdown of references to the two books in the oreilly case study (at the time of negotiation, early 2008):
asterisk: 139,000 references in 2 years (2005-2007), or 70,000 per year
understanding the linux kernel, 42,000 references in 7 years (2000-2007), 6,000 per year
So there was 10x the press/blog/reference/hits for the CC licensed book.
And explain the the 75/22/3 breakdown:
David Blackburn, a Harvard PhD candidate in economics, published a paper in 2004 in which he calculated that, for music, piracy results in a net increase in sales for all titles in the 75th percentile and lower; negligible change in sales for the middle class of titles between the 75th percentile and the 97th percentile; and a small drag on the super-rich in the 97th percentile and higher. Publisher Tim O'Reilly describes this as piracy's progressive taxation, apportioning a small wealth-redistribution to the vast majority of works, no net change to the middle, and a small cost on the richest few
and more here: http://tim.oreilly.com/pub/a/p2p/2002/12/11/piracy.html
And make the argument that of those who get the book for free, most of them wouldn't buy the book in the first place. And in that group, there will be a small percentage of converts who will then go out and buy a hard copy of the book for themselves, or as a gift. This percentage of converts more than compensates for any loss in sales due to the free version.
Image below CC World Economic Forum
Step 5: Identify Your Advocates & the Decision Maker
Figure out who in the organization is the decision maker on the issue. Often this is going to be the Editor-In-Chief, or the Publisher. Figure out who the boss is, and figure out what their interest is in it. Know their motivation. Are they conservative? Push the profit potential. Are they known for groundbreaking books? Push the new-ness of the strategy. etc. In our case, we pushed profit potential, synergies (see below), bloggability, and newness/coolness.
Image below CC thinkpanama
Step 6: Build Partnerships and Make CC Plans
Image below CC oooh.oooh
Step 7: Write It on a Wiki.
Image below CC caseywest
Step 8: Provide Sample Verbiage
Publisher agrees to add the Creative Commons license designation to the Copyright page of the Work.
This isn't perfect, and we did have some further conversations when it came time to actually layout the title page. We probably could have been more specific about which license, but this is what their legal agreed to, and considering we were doing a CC-BY-NC-SA, which is the most restrictive, we were not super worried.
Image below CC cdedbdme
Step 9: Do Your CC Homework
After a number of phone calls and emails we got confirmation that in fact this was not true. Nathan Yergler of the Creative Commons Foundation wrote us to say
"You can use a copyrighted work, assuming you have the rights to do so (either under fair use or explicitly negotiated), in a CC licensed work so long as you point out the exceptions in the license notice. This is effectively what Creative Commons does with our website--see the footer text where it states except where otherwise noted..."
And as I mentioned on the phone, Creative Commons can not offer legal advice or opinions and this should not be interpreted as such.
Of course we could include (C) images in a CC book, we simply had to state that they were (C). Likewise, we stated on the front page of the book (right below the CC declaration) that all images in the book were Public Domain unless otherwise noted. The lawyers liked this.
Image below CC Cayusa
Step 10: Be Patient
More links and info:
Article about Cory Doctorow's successful use of CC:
Example clause of CC contract:
CC info, a case study:
The 75/22/3 breakdown:
Image below CC CC Chapman