[cc-community] Copyright enforcement and CC BY-NC licenses

Kevin Phillips (home) tacet at qmpublishing.com
Fri Aug 1 17:41:14 EDT 2008


Hey Drew,

I'm following it I think, so something like this :

Person A creates a piece of music and releases it BY-NC
Person B creates a remix of Person A's BY-NC music (and attributes 
accordingly)
Person C sells copies of Person B's remix breaking the NC terms of the 
license and attributes neither Person A or B.

I have additional questions myself about this:

So Drew's question (if I'm understanding it correctly):
1) If Person B sues Person C for violating the license terms, is Person B 
gaining commercially and breaking the terms of Person A's license if he 
collects damages?

My additional questions:
2) Does the violation also carry through to the originator, Person A?  Can 
she also sue Person C?

3) What role does copyright law play in this situation?
    ie. Is this simply a case of violating the CC license, and so that's the 
focus of the case.  Or
        does a person's rightful copyright in some way trump the CC license 
once a violation takes place?

If Person A cannot sue Person C, then what happened to her rights and 
license along the way?  I've asked a similar question before about 
attribution inheritance, I've seen many instances of top-level-only 
attribution which seem to me to be agaist the spirit of the license.  Drew, 
your question made me think about this from a slightly different angle. 
IMHO everyone involved should be attributed at all levels of remix 
inheritance, and everyone should be able to defend their rights and license 
attached to their individual input.

Thoughts?

Kevin

----- Original Message ----- 
From: "drew Roberts" <zotz at 100jamz.com>
To: <cc-community at lists.ibiblio.org>
Sent: Friday, August 01, 2008 9:56 PM
Subject: [cc-community] Copyright enforcement and CC BY-NC licenses


> So, this is an odd question I thought of the other day while I was 
> thinking of
> other angles that I hope to remember and post about as well. (I think one 
> was
> re BY-NC-SA (hey Greg!)
>
> So, you build on a BY-NC work and register your copyright. You license 
> your
> new work also BY-NC.
>
> Someone violates the copyright on your work. You sue. You are entitled to
> statutory damages right? You collect. Are you now guiilty of violating the 
> NC
> licneses of the works yours built upon?
>
> Is that train of thought clear?
>
> all the best,
>
> drew
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> cc-community mailing list
> cc-community at lists.ibiblio.org
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>
> 



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