This journal has some language that strikes me as a good model for commercial / 
noncommercial:

For commercial use no part of this publication may be reproduced, stored in a 
retrieval system or transmitted in any form or by any means, electronic, 
mechanical, photocopying, recording or otherwise, without prior written 
permission of the Publisher.

For non-commercial use, with a proper citation, any part of this publication 
may be reproduced, stored in a retrieval system or transmitted in any form or 
by any means, electronic, mechanical, photocopying, recording or otherwise, 
without prior written permission of the Publisher.

from: 
http://www.bjbms.org/ojs/index.php/bjbms/about/submissions#copyrightNotice

Comment: with respect to institutional repositories, this kind of 
differentiation between non-commercial and commercial use would be helpful to 
protect the non-commercial status of the repositories themselves. One of the 
dangers for repositories filled with commercializable content is that the 
owners of the repositories are free to commercialize / monetize the repository 
and/or sell rights to others to monetize the works. Many of us work in 
university systems under considerable financial pressure, where administrators 
are strongly encouraged to raise money however they can and cut costs however 
they can. A repository full of non-commercial content that raises the profile 
and prestige of the university and provides a needed service (e.g. for theses 
and other grey literature a repository is an institutional necessity) is likely 
to be supported. A repository full of CC-BY works could be sold off to pay down 
the latest deficit.

best,

-- 
Dr. Heather Morrison
Assistant Professor
École des sciences de l'information / School of Information Studies
University of Ottawa
http://www.sis.uottawa.ca/faculty/hmorrison.html
Sustaining the Knowledge Commons http://sustainingknowledgecommons.org/
heather.morri...@uottawa.ca



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