[cc-community] CC Dragged Into Lawsuit

Alejandro Pisanty apisan at servidor.unam.mx
Sat Sep 22 19:01:33 EDT 2007


Joi,

right on the point re moral rights. Moral rights preclude derivative works 
if the author so wishes. In many countries (certainly mine, Mexico) they 
are "inalienable", which means not even by choice can you hand them over. 
And this right is enshrined at a constitutional level.

Lucky that we have Leon Felipe Sanchez-Ambia and Jorge Ringenbach handling 
these matters!

Alejandro Pisanty


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      Dr. Alejandro Pisanty
Director General de Servicios de Computo Academico
UNAM, Universidad Nacional Autonoma de Mexico
Av. Universidad 3000, 04510 Mexico DF Mexico
Tel. (+52-55) 5622-8541, 5622-8542 Fax 5622-8540
http://www.dgsca.unam.mx
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On Sun, 23 Sep 2007, Joichi Ito wrote:

> Date: Sun, 23 Sep 2007 07:53:02 +0900
> From: Joichi Ito <jito at neoteny.com>
> Reply-To: cc-community at lists.ibiblio.org
> To: cc-community at lists.ibiblio.org
> Subject: Re: [cc-community] CC Dragged Into Lawsuit
> 
> For illustration purposes, lets take another real example. I was
> writing a wikipedia entry for a person. I asked her if she had a
> photo of herself. She said that a photographer she knew had taken
> one. I then had to negotiate with the photographer to release the
> photo under a CC-BY license. I had to explain that he would be giving
> anyone the right to use the photograph commercially. Basically, I had
> to negotiate the commercial copyright rights with the photographer. A
> photograph, as you all know, owned by the photographer and the the
> subject. CC is about copyright. Anyway, now the photo is on
> wikipedia. CC BY basically means that the photographer has given us
> his/her copyright and it can now be used by wikipedia or the subject
> for commercial use.
>
> You can't use BY-NC on Wikipedia. Anyone can take a Wikipedia article
> and run ads on it, print it in a book and sell it and BY-NC is more
> restrictive than wikipedia would like to be. However, just because it
> is on wikipedia, it doesn't mean you can use it in an advertisement.
> I do realize that it is different with public figures which most of
> the notable people should be, but I think it's important to
> understand, and to explain, that just because something is on
> wikipedia or in the wikimedia commons, doesn't mean you can put it in
> an ad without additional permissions.
>
> Again, IANAL, but I don't think the photographer has done anything
> wrong really. During the Photo-Commons meeting at the iCommons
> Summit, we did start talking about ways to add additional information
> to the metadata or the post that says something about he model
> release. For instance, if we can obtain a model release when we take
> a picture, say at the conference, it would be nice to post it along
> with the photo or provide a link to it. Then someone using the
> photograph could see the release and feel a bit more confident about
> using it for various purposes.
>
> By the way, in many countries outside of the US, there are moral
> rights. In those countries, even for non-commercial use, if an image
> is used in a way that goes against the wishes of the author, the
> author can prevent those uses. Creative Commons licenses can not
> prevent moral rights from existing and in many cases, you can't even
> sign away moral rights. In some countries you can always say, "I
> don't want my photograph used to promote blah blah blah."
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