[cc-community] Copyright enforcement and CC BY-NC licenses
drew Roberts
zotz at 100jamz.com
Fri Aug 1 18:14:57 EDT 2008
On Friday 01 August 2008 17:55:43 Peter Brink wrote:
> 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.
Right so we need another player to get all permutations.
A does an original song and release awork BY-NC. A does not register his
copyright in awrok.
B builds on A's work and releases his bwork BY-NC. B does not register his
copyright in bwrok.
C builds on B's work and releases his cwork BY-NC. C does register his
copyright in cwrok.
D builds on C's work and violates the NC clause (or the BY clause?) of the
license.
C sues D for the violation and collects statutory damages due to having
registered his copyright in cwork.
B can sue D but cannot prove any monetary damages as he only had an NC
license. He cannot collect statutory damages as he did not register his
copyright in bwork.
A can sue D but has to prove monetary damages in order to collect as he did
not register his copyright in awork.
Is this about right for the U.S.? Does registering make a difference in other
countries?
>
> /Peter Brink
all the best,
drew
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