[cc-community] CC-like video release form

Matthew J. Agnello matt.agnello at gmail.com
Thu Jan 17 08:33:33 EST 2008


> As to your comment on these sorts of problems being difficult in a  
> copyleft
> domain, they exist for BY and BY-NC as well. It is not so much the  
> copyleft
> aspect that causes the problem here, it is more the pre approved  
> license
> aspect if that license allows derivatives or re-mixes. ND variants  
> would be
> exempt I guess, but not the rest of the CC licenses. Right?

This is where a lawyer would be useful.

Most releases specify distribution rights, which is a quick way of  
saying you're allowed to distribute the whole thing or part of it  
however you want. Therefore, it's my understanding that allowing your  
film to be shown anywhere is within the rights of the filmmaker. I can  
show it at my local movie-theater and not charge admission, I can put  
it on the side of a building, or I can put it up for download under a  
CC license (lets assume just for sharing at the moment). This is the  
way all movies work, although usually with cash changing hands.

Now, if you grant distribution rights, does it also follow that the  
people you're distributing it to can remake your movie a bit? This is  
usually the case with most movies without CC licenses. For instance,  
if I sell distribution rights to a distribution company in a foreign  
country, they'll dub it in the home language. That's another version,  
and it might change what the people are saying slightly to fit the  
culture. OR, which is more likely, the translation might be accurate  
but saying a certain phrase in English is completely different than  
saying it in, say, Japanese. The person making the derivative work  
(the translation) has suddenly insulted my actor without meaning to.

As said earlier, most release forms remove all legal recourse for the  
individual against the photographer/filmmaker. Mine also removes  
liability from third parties in connection with the production. I  
would have to confirm from a lawyer whether that applies to CC  
remixers, but it is certainly designed for other "remixes" usually  
conducted in the movie business.

// Matt

----------
Matt Agnello
http://www.hungryfilmmaker.com
< matt.agnello at gmail.com >



On Jan 17, 2008, at 7:43 AM, drew Roberts wrote:

> On Thursday 17 January 2008 01:20:47 Fred Benenson wrote:
>>> It's just like free software, really.
>>
>> No, I don't think it is -- where software is largely fungible and  
>> defined
>> by utility, people's identities and images are not, or at least  
>> they aren't
>> used to thinking of them as such.
>>
>> Whether or not we should reform that intuition is another question,  
>> though
>> something I feel pretty strongly against.
>
> Hi, I'm Xyz and I approved this usage.
>
> <gets on his rambling horse>
>
> I do agree with you that these are serious and difficult issues. Do  
> I want to
> put an image of my son on the net with a BY-Sa license and such a  
> free for
> all release? I am not so sure of that.
>
> Perhaps it is just going to take some real time for the public to  
> get used to
> how things work in a world of pre approved licenses on works.  
> Perhaps down
> the road, people willing to sign releases for works with such  
> licenses will
> be seen as brave and bold. As people who are boldly willing to  
> chance their
> reputations in order to do a good thing. Then at some point after  
> that, it
> will not be so risky anymore as people will have a more nuanced  
> outlook on
> image usage.
>
> Perhaps the politicians have a little something to teach us in this?  
> Perhaps
> creators can seek approval statements like those above from the  
> people in the
> works. Then it can be clear if the usage is approved or not. Not  
> just legally
> allowed.
>
> As to your comment on these sorts of problems being difficult in a  
> copyleft
> domain, they exist for BY and BY-NC as well. It is not so much the  
> copyleft
> aspect that causes the problem here, it is more the pre approved  
> license
> aspect if that license allows derivatives or re-mixes. ND variants  
> would be
> exempt I guess, but not the rest of the CC licenses. Right?
>
> On thought I have had that may help is for there to be a distinction  
> in the
> licenses between commercial usage and endorsement usage. I might be  
> quite
> happy for you to sell framed pictures of me and not compensate me, I  
> might
> want you to pay me for using my image as if I endorsed your product.
>
> <gets off his rambling horse>
>
> 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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