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

Peter Brink peter.brink at brinkdata.se
Fri Aug 1 17:55:43 EDT 2008


Kevin Phillips (home) skrev:
> 
> 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.
> 
[snip]
> 
> 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?
> 

A can sue C for copyright violation. C's right to use A's work (which is 
embedded in B's remix) is based on his compliance with the terms of the 
license. If he violates the license then he has no right to copy or 
distribute B's work for any purpose what so ever and hence he is 
infringing on both A and B's copyrights.

/Peter Brink



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