[cc-community] No Hard Copy Distribution Condition (Let's discuss)
zelus.et.radix at gmail.com
Tue Feb 12 15:47:17 EST 2008
Hi Andrew. I'm talking about things I don't really know, but I'll try:
*Author's must have control over the fate of their works.
>> they must? Why do you say that?
Let's say you're a jew graphic artist (sorry I find no more accurate example
now) proud to be a jew. You license one picture under CC BY-NC. Many people
can get it, including some neo-nazi men. They misuse it. Who cares? They're
only individuals. Now, "Blood Dignity", a neo-nazi-oriented organization,
gets, prints and uses your picture for the cover of a non-profit publication
intended to support ideas which are against your principles and insulting to
jews. What stops them from? CC BY-NC allows them to, without having to ask
your permission. They *don't even have to notify* you, so they do it
literally behind your back and it is OK! Some weeks or months later you
notice it, but it's too late. Your reputation is already damaged. You appear
linked to an organization you would never be involved with. And what do you
think the opinion of many jews will be? I know it's a poor example but it
gives some idea on my concerns.
* Literary works are more vulnerable to distortion than other kind of works,
>> Why do you claim that? *
Because authors of literary works (I mean not only stories, but also
articles, essays...) are expected to be more involved with opinions
expressed in their writings thus more responsible for them. Written stuff is
always supposed to reflect the author's way of thinking more accurately, so
it's more likely to be taken seriously.
* and also can bring more harm in case of misuse by organizations. *
>> Could you give us an example *
There are lots! A few here:
Something like this case is what I'm concerned about: *
Shostakovich v. 20th Century-Fox (*lost in US) or *Soc. Le Chant de Monde v.
**20th Century-Fox* (won in France)
The other questions I left them open until I figure out how to answer.
On Feb 12, 2008 5:23 AM, Andrew Rens <andrewrens at gmail.com> wrote:
> > Author's must have control over the fate of their works.
> >> they must? Why do you say that?
> Literary works are more vulnerable to distortion than other kind of works,
> >> Why do you claim that?
> and also can bring more harm in case of misuse by *organizations*.
> >> Could you give us an example
> By full copyright a previous agreement is needed prior to publishing, so
> > the author has a chance to prevent potential misuse by organizations.
> >> Authors who cede their copyrights i.e. almost all authors who deal with
> the commercial publishing industry do not retain a right to give "previous"
> agreement before works are published. Publishers have a right to restrict
> copying whether digital of print, subject to exceptions and limitations.
> How does CC prevents misuse and violation of moral rights by publishing
> > and distribution? Or maybe it's not a CC task?
> What do you mean by prevent?
> On Feb 9, 2008 9:42 AM, Rob Myers <rob at robmyers.org> wrote:
> > > jonathon wrote:
> > > > Eric wrote:
> > > >
> > > >> Copyright has never given you (the author) the right to control
> > > such usage.
> > > >
> > > > Moral Rights: An aspect of copyright that was unknown in the US,
> > > > until Ted Turner decided to colourize some Black and White movies.
> > >
> > > I don't think this can restrict distribution and consumption of actual
> > > copies of the books, though. So it cannot control where the books are
> > > sold, who to, and what the purchasers then do with the knowledge they
> > > get from them.
> > >
> > > It could conceivably restrict anthologization of a CC-licenced work.
> > >
> > > (IANAL)
> > >
> > > - Rob.
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> > > http://lists.ibiblio.org/mailman/listinfo/cc-community
> > >
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> Andrew Rens
> Now blogging at www.aliquidnovi.org
> cc-community mailing list
> cc-community at lists.ibiblio.org
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