[cc-community] CC: Fun for the whole family
drew Roberts
zotz at 100jamz.com
Mon Jan 21 11:21:02 EST 2008
On Monday 21 January 2008 10:06, Matthew J. Agnello wrote:
> > So, one solution is to seek out photographers who will even go as
> > far as
> > assigning copyrights to the individuals in the photots.
>
> This is certainly a possibility. It still requires a piece of paper
> when presented to third parties. Even if a person came to me at work
> and swore the photographer signed his or her rights over or that the
> photographer swore not to assert copyright over the photo, I couldn't
> copy the photo until I had the paperwork backing that up.
And how do you determine which photos need such paperwork and which don't?
>
> Now, the reason I'd choose a CC license in this case would be simply
> because the deed is easier to understand -- I think that is its
> greatest strength in these cases.
Sure. It is just that a fqamily might prefer to have the copyrights assigned
to them rather than simply licensed to them.
>
> > Would the family want the photots under a CC license, or would they
> > prefer the
> > copyrights be assigned to them? A CC license would give rights to
> > third
> > parties which the family might not wish to do.
>
> It's possible to have a license a work to only an individual (or in
> this case, a family) under CC without having it apply to anyone else.
I would not think that is possible. If it is, I would think it would lead to
major confusion and the possibility should be eliminated in future licenses.
(You know, perhaps it is and I am thinking too much of the SA license which I
prefer. So, if possibly, perhaps the fix would only be needed for SA works. I
need to ponder this more deeply.)
> The easiest way to do this is to preface it in a contract that says,
> "This license applies exclusively to the Smith family and those acting
> on its authorized behalf. Signed, Me." As far as I know, this has not
> been given any weight in court, but I know third parties such as my
> workplace would accept it.
And even in such a case, were they to authorize anyone, would that undo the
contract?
>
> > One question that interests me is that the photographer generally
> > gets the
> > copyright on the photograph he shoots, but does the cameraman get the
> > copyright on the footage he shoots?
>
> Hard question. I think it depends very much on the specifics. I know
> that generally speaking third parties treat professional video the
> same way they treat professional photography: they assume ownership
> and require a release to copy it. Because of the gray area, I am very
> careful with what I do with the footage if it isn't specifically for
> the project,
I agree that being careful is the wise choice.
> and I'll always ask beforehand about using the footage in
> a promotion. A court would probably need to examine the specifics to
> decide if the creative work were a "work for hire" or not.
Even in the case of still photography, is the photographer always the one who
presses the shutter? Or is the photographer sometimes the one who arranges
and directs the composure of the shot and shouts now and has someone else
press the shutter?
> "Work for
> hire" means you're acting on the copyright holder's behalf and do NOT
> own the work. However, this usually means you're employed full time by
> the employer, and this is not the case for a wedding video.
>
> Either way, the purpose of the paperwork is to make third parties feel
> better. The easiest paperwork to understand that I know if is a CC
> deed with the legal code as an option (and most probably would not ask
> for it). And to make it apply to only the one family, all you have to
> do is say so.
>
> Best,
> // Matt
all the best,
drew
>
>
> ----------
> Matt Agnello
> http://www.hungryfilmmaker.com
> < matt.agnello at gmail.com >
>
> On Jan 21, 2008, at 8:44 AM, drew Roberts wrote:
> > Would the family want the photots under a CC license, or would they
> > prefer the
> > copyrights be assigned to them? A CC license would give rights to
> > third
> > parties which the family might not wish to do.
>
> !DSPAM:4794b55f230141804284693!
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