[cc-community] Ask for help: I agreed to a license by mistake

jonathon jonathon.blake at gmail.com
Thu Feb 21 16:35:16 EST 2008


On Thu, Feb 21, 2008 at 7:05 PM, Cesare Marilungo wrote:

>  As I've already said on the LAU list, there are already some websites which are infringing the license putting all my tracks for download on pages full of ads and

The organizations that utilized your music failed to do due diligence.

>From your statements, you did not intentionally release any of your
music under a CC-BY-SA license.
Since no music that you released was hosted by a site with a CC-BY-SA
License, no music was released with that license.,

What you have is an instance of where music was erroneously mislabeled
as regards to its license by a third party host. When the license
mislabeling was discovered, the error was rectified.

If you lived in the Ninth District of the US, you probably would be
able to win a copyright infringemenet case.   (In essence,there is no
difference between this and an ARR work to which a third party slapped
a CC license without the consent of the copyright owner.)

I suspect that a DMCA take down order would also have your material
removed from the offending websites.     (You need to consult an
attorney for the exact wording.)

###

Something that organizations don't appear to have learned, is that
they need to do due diligence on all works that they use.  It doesn't
matter what the license allegedly is,they need to verify with the
copyright owner that the material was indeed released under the
license that it allegedly is under.

There is material out there which was released ARR, but third partties
have slapped a CC license onto.

>  What is important for me, is which is my intention. What kind of uses I  endorse.

I'd suggest adding both copyright and license metadata to everything
you release/distribute.

>  What some people don't understand is that with music (at least with  mine) there are emotions and personal stories involved.

Most music is a personal story.
(The major exception is that which Clear Chanel calls "music".)

xan

jonathon


More information about the cc-community mailing list