[cc-community] Copyright enforcement and CC BY-NC licenses
drew Roberts
zotz at 100jamz.com
Fri Aug 1 18:07:22 EDT 2008
On Friday 01 August 2008 17:41:14 Kevin Phillips (home) wrote:
> 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.
You could violate the BY of a BY-NC license or the NC of a BY-NC license.
BY-NC-SA and BY-NC-ND have other terms to violate as well.
>
> 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?
Right. Thats is the question. When B collects damages from C does that cause
him to run afoul of the NC part of his own BY-NC license from A?
>
> My additional questions:
> 2) Does the violation also carry through to the originator, Person A? Can
> she also sue Person C?
I would think A can also sue C but would appreciate a more informed answer.
However, if A did not register and B did, B is entitled to statutory damages
whereas A is not. Is this correct?
>
> 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?
I am not sure I get this question?
>
> 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.
I think you would have to attribute up the chain. Or at least the first and
last in the chain, but certqainly not just the first surely? (And I don't
think just the first and last either.) Proper answers anyone?
> 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.
Yes. But anyone other than the top of an NC chain cannot show damages and so
cannot prevail where they did not register their copyrights??? Other than to
perhaps get an injunction or what have you. By definition, they cannot suffer
monetary harm as they only have an NC license to begin with... (Well, I guess
there could be some ways around this logic and I would be interested in
hearing any thoughts.)
>
> 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 at lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-community
>
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