[cc-community] cc-community Digest, Vol 44, Issue 26

Ocetalo zelus.et.radix at gmail.com
Tue Jan 29 15:40:44 EST 2008


Thanks to all of you who answered my question. Your help is very
appreciated.
Well in my short tale's webpage there is my name with a (c) symbol. It means
I still hold the copyrgiht, doesn't it? However, I'm not sure I gave
exclusive publishing rights to magazine. In fact, I don't know  which rights
did I grant them. I'll be contacting magazine director for defining those
rights. God bless you all.


2008/1/28, cc-community-request at lists.ibiblio.org <
cc-community-request at lists.ibiblio.org>:
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> Today's Topics:
>
>    1. Re: input for LiveContent v2.0 (Brianna Laugher)
>    2. Re: CC-like video release form (Jon Phillips)
>    3. Literary works and Creative Commons Licenses (Ocetalo)
>    4. Re: Literary works and Creative Commons Licenses
>       (zotz at 100jamz.com)
>    5. Re: Literary works and Creative Commons Licenses (Karl Ebener)
>    6. Re: Literary works and Creative Commons Licenses (Andrew Rens)
>    7. Re: [cc-licenses] Thoughts on new wording RE      collection
>       societies etc. (Mike Linksvayer)
>    8. Re: [cc-licenses] Thoughts on new wording RE      collection
>       societies etc. (drew Roberts)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Fri, 25 Jan 2008 16:20:25 +1100
> From: "Brianna Laugher" <brianna.laugher at gmail.com>
> Subject: Re: [cc-community] input for LiveContent v2.0
> To: cc-community at lists.ibiblio.org
> Message-ID:
>         <d20d84ea0801242120ya46c9f5s8dd7a088425803f8 at mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
>
> On 25/01/2008, Timothy Vollmer <tim at creativecommons.org> wrote:
> > Hi Brianna-- Jon and I are  heading up the coordination for LiveContent.
> > >
> > > A preview of the Wikimedia Commons year 2007 FPs (514 in total) is
> > > available here:
> > >
> >
> http://stable.ts.wikimedia.org/poty/static/poty2007/USA_Antelope-Canyon.html
> > > some of the static links are yet to be filled in (will happen within
> > > the next week), but note the yummy metadata...
> >
> > These are great. I'll ping  Asheesh, who's doing the tech development,
> so
> > that we can roll these into the build. This is the directory we're
> looking
> > at, correct--
> > http://stable.ts.wikimedia.org/poty/static/poty2007/
>
> We're going to release a zip archive of that whole directory. Will
> ping this list when it happens.
>
> cheers
> Brianna
>
>
> --
> They've just been waiting in a mountain for the right moment:
> http://modernthings.org/
>
>
> ------------------------------
>
> Message: 2
> Date: Fri, 25 Jan 2008 14:42:15 +0800
> From: Jon Phillips <jon at creativecommons.org>
> Subject: Re: [cc-community] CC-like video release form
> To: cc-community at lists.ibiblio.org
> Message-ID: <1201243335.15697.296.camel at localhost>
> Content-Type: text/plain
>
>
> On Fri, 2008-01-18 at 11:56 -0600, Terry Hancock wrote:
> > Matthew J. Agnello wrote:
> > > I just don't know if providing public model releases would be
> > > considered providing legal service beyond providing public licenses. I
> > > know they try to avoid toeing the law firm line. Something to consider
> > > for CC, if they want to provide those releases.
> >
> > Aren't they both just licenses?  We're just talking about expanding from
> > "copyright licenses" to "publicity rights licenses" here.
> >
> > And as Drew points out, this is hardly a "law firm" role: I can go to
> > the bookstore and buy standard legal forms from "Nolo Press". They're
> > considered a publisher, not a law firm.
> >
> > Just out of curiosity, since CC has plenty of licensed lawyers on staff,
> > why does CC care whether it's a "law firm" or not? Tax status or
> something?
> >
> > Cheers,
> > Terry
>
> try 2.5 lawyers...not a lot...
>
>
> http://wiki.creativecommons.org/FAQ#Will_Creative_Commons_help_me_enforce_my_license.3F
>
> Jon
>
>
> >
> --
> Jon Phillips
> jon at creativecommons.org
> cell: +1.510.499.0894 (80% time)
> desk: +1.415.369.8486 (20% time)
>
> Business + Community Manager
> Creative Commons
> www.creativecommons.org
>
>
> Please note: the contents of this email are not intended to be
> legal advice nor should they be relied upon as or represented to be
> legal advice.  Creative Commons cannot and does not give legal advice.
> You need to assess the suitability of Creative Commons' tools for
> your particular situation, which may include obtaining appropriate
> legal advice from a licensed attorney.
>
>
>
> ------------------------------
>
> Message: 3
> Date: Sat, 26 Jan 2008 22:03:57 -0500
> From: Ocetalo <zelus.et.radix at gmail.com>
> Subject: [cc-community] Literary works and Creative Commons Licenses
> To: cc-community at lists.ibiblio.org
> Message-ID:
>         <f5e493050801261903p647c3730jeb475524b56f8aae at mail.gmail.com>
> Content-Type: text/plain; charset="utf-8"
>
> Greetings
>
> I have several short tales, one is published on a non-profit cultural
> magazine website under full Copyright. I know I can register them under CC
> but can I change the one already made public from Copyright to CC and vice
> versa? Is it possible changing to CC any work already made public under
> full
> Copyright?
> May I keep posting questions on mailing list? Where do I send any
> suggestions? Thanks in advance.
>
> God bless you.
>
> Ocetalo
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> ------------------------------
>
> Message: 4
> Date: Sun, 27 Jan 2008 09:17:55 -0500 (EST)
> From: zotz at 100jamz.com
> Subject: Re: [cc-community] Literary works and Creative Commons
>         Licenses
> To: cc-community at lists.ibiblio.org
> Message-ID:
>         <32917.24.244.163.157.1201443475.squirrel at tribunemedia.net>
> Content-Type: text/plain;charset=iso-8859-1
>
> On Saturday 26 January 2008 10:03 pm, Ocetalo wrote:
> > Greetings
> > I have several short tales, one is published on a non-profit cultural
> magazine website under full Copyright.
>
> I am not a lawyer but... If you did not sign agreements giving exclusive
> rights or assigning your copyrights to this non-profit cultural magazine,
> you
> should be OK with now putting a CC license of your choice on the work.
>
> > I know I can register them under CC
> > but can I change the one already made public from Copyright to CC and
> vice
> > versa?
>
> It is not so much changing it as offering another license. However, as per
> the
> CC licenses, you cannot retract them. You can stop offering new copies
> under
> the CC licenses and let people have to get them from people who already
> have
> copies. (I think.)
>
>
>
> > Is it possible changing to CC any work already made public under  full
> Copyright?
>
> Nope. Not as I understand the licenses. Given that it was properly
> licensed
> under the CC license in the first place.
>
> > May I keep posting questions on mailing list? Where do I send any
> suggestions? Thanks in advance.
> > God bless you.
> > Ocetalo
>
> all the best,
>
> drew
>
>
>
>
>
>
> ------------------------------
>
> Message: 5
> Date: Sun, 27 Jan 2008 16:25:05 +0100
> From: Karl Ebener <myonlyb at vollbio.de>
> Subject: Re: [cc-community] Literary works and Creative Commons
>         Licenses
> To: cc-community at lists.ibiblio.org
> Message-ID: <479CA251.4030509 at vollbio.de>
> Content-Type: text/plain; charset=UTF-8; format=flowed
>
> Hi,
> > I have several short tales, one is published on a non-profit cultural
> > magazine website under full Copyright. I know I can register them
> > under CC but can I change the one already made public from Copyright
> > to CC and vice versa? Is it possible changing to CC any work already
> > made public under full Copyright?
> The question is who "has" the full copyright now. If you transferred an
> exclusive license with your one essay, you will have to ask the
> publisher because you do not own the right any more.
> If you granted a non-exclusive license, you can use CC freely. Switching
> any full copyright content to CC follows this rule: if you are still the
> copyright owner you may choose CC, if not you may not.
>
> Cheers
> Karl
>
>
> ------------------------------
>
> Message: 6
> Date: Sun, 27 Jan 2008 19:05:25 +0200
> From: "Andrew Rens" <andrewrens at gmail.com>
> Subject: Re: [cc-community] Literary works and Creative Commons
>         Licenses
> To: cc-community at lists.ibiblio.org
> Message-ID:
>         <3471bbd60801270905s6e4852f7rfe06ec07975d4f4 at mail.gmail.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> Hi
>
> Others have already answered your questions. I will attempt a bit more
> detail, at risk of less clarity than those answers.
> >
> >
> > I have several short tales, one is published on a non-profit cultural
> > magazine website under full Copyright.
>
>
> The question, as others have mentioned, is what rights did you give to the
> magazine?
> Did you cede the copyright to the magazine? If so the magazine is now the
> copyright holder, and would have to cede the work back to you for you to
> licence it under CC.
> Did you grant an exclusive license to the magazine? If so does that
> license
> preclude you from re-publishing? If you granted an exclusive license you
> remain the copyright holder and it depends on the terms of the license
> whether you can re-publish.
> Did you grant a non-exclusive license to the magazine? If so you can
> publish
> under CC without the magazine's permission.
>
> I know I can register them under CC but can I change the one already made
> > public from Copyright to CC and vice versa?
>
>
> Strictly speaking the version in the magazine remains under the all rights
> reserved license, but you make another (possibly identical) version
> available under CC.
>
> Vice versa is not possible, once you have made a work available under CC
> you
> may not withdraw the license for those copies of the work which other
> people
> have acquired. In other words you can cease offering the work under CC,
> but
> all the copies already in the hands of other people remain under CC, and
> they can offer them under CC for further copying by others ad infinitum
> provide them, and you will not be able to prevent them being available
> under
> CC, although .
>
> The above does not constitute legal advice, no attorney client
> relationship
> is created and you rely on the answers at your own risk. (That should
> constitute sufficient proof that I am a lawyer).
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> ------------------------------
>
> Message: 7
> Date: Mon, 28 Jan 2008 12:02:35 -0800
> From: "Mike Linksvayer" <ml at creativecommons.org>
> Subject: Re: [cc-community] [cc-licenses] Thoughts on new wording RE
>         collection societies etc.
> To: "Development of Creative Commons licenses"
>         <cc-licenses at lists.ibiblio.org>,
> cc-community at lists.ibiblio.org
> Message-ID:
>         <c03154ae0801281202i26642a1dh9fdf59a0350641be at mail.gmail.com>
> Content-Type: text/plain; charset=UTF-8
>
> On 1/28/08, drew Roberts <zotz at 100jamz.com> wrote:
> > On Monday 28 January 2008 05:52:49 Paul Keller wrote:
> > > The CS will not take as a member if you allow
> > > commercial uses of your music for free (which BY or BY-SA).
> >
> > No problem. But they would be collecting royalties that were rightfully
> mine
> > for the use of my music and I could set about raising whatever amount of
> > sting I wanted to get them to give me my share as a non-member or to
> take me
> > as a member on my terms.
>
> Is there any use case for Drew's suggestion? It seems that EU
> collecting societies are clearly not a use case. Another way of
> putting it: is there any compulsory collection of fees in the world
> that would happen anyway regardless of the public license waiver of
> such fees and from which the rightsholder would not automatically be
> excluded from by use of a Free license?
>
> Please followup on cc-community. I suspect this is a long-winded
> discussion that should be concluded before coming back here with
> something concrete for CC licenses. Anyone on cc-community who wants
> to read the thread so far, see
>
> http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/thread.html#6285
>
> I let these last two emails through to cc-licenses because they
> directly talk about proposed changes to CC licenses, but as above, I
> think the tangential use case discussion needs to happen on
> cc-community.
>
> > > i do not think that the wording of the unported licenses is currently
> > > up for discussion (unless i have missed something, but i think in that
> > > case you need to talk to someone from CC HQ anyway).
> >
> > Hey, what's done is done. Not an issue. The 3.0 licenses are released.
> But why
> > can't it be fixed for 3.x?
>
> Suggestions for future versions of the license are welcome, keeping in
> mind that versioning may be in the very distant future -- but not
> impossibly distant, see http://creativecommons.org/weblog/entry/7888
> -- of which more input is welcome on.
>
> Mike
>
>
> ------------------------------
>
> Message: 8
> Date: Mon, 28 Jan 2008 16:27:51 -0500
> From: drew Roberts <zotz at 100jamz.com>
> Subject: Re: [cc-community] [cc-licenses] Thoughts on new wording RE
>         collection societies etc.
> To: cc-community at lists.ibiblio.org
> Message-ID: <200801281627.51753.zotz at 100jamz.com>
> Content-Type: text/plain;  charset="iso-8859-1"
>
> On Monday 28 January 2008 15:02:35 Mike Linksvayer wrote:
> > On 1/28/08, drew Roberts <zotz at 100jamz.com> wrote:
> > > On Monday 28 January 2008 05:52:49 Paul Keller wrote:
> > > > The CS will not take as a member if you allow
> > > > commercial uses of your music for free (which BY or BY-SA).
> > >
> > > No problem. But they would be collecting royalties that were
> rightfully
> > > mine for the use of my music and I could set about raising whatever
> > > amount of sting I wanted to get them to give me my share as a
> non-member
> > > or to take me as a member on my terms.
> >
> > Is there any use case for Drew's suggestion? It seems that EU
> > collecting societies are clearly not a use case.
>
> Well, as you can see here:
>
> http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/006286.html
>
> Gisle Hannemyr claims that what I am concerned about is the case for
> Norway
> and she thinks it also applies to Sweden and Denmark as well - and maybe
> even
> Finland and Iceland.
>
> >From my informal asking around here in the Bahamas, I think it may apply
> to us
> as well. I know PRS give blanket licenses. You don't get discounts if you
> play some songs that you have a seperate license for.
>
> I can see if a friendly lawyer can give me a better answer.
>
> I would certainly appreciate hearing from other places.
>
> Would this be a good time to make up a table?
>
> > Another way of
> > putting it: is there any compulsory collection of fees in the world
> > that would happen anyway regardless of the public license waiver of
> > such fees and from which the rightsholder would not automatically be
> > excluded from by use of a Free license?
> >
> > Please followup on cc-community. I suspect this is a long-winded
> > discussion that should be concluded before coming back here with
> > something concrete for CC licenses. Anyone on cc-community who wants
> > to read the thread so far, see
> >
> http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/thread.html#628
> >5
> >
> > I let these last two emails through to cc-licenses because they
> > directly talk about proposed changes to CC licenses, but as above, I
> > think the tangential use case discussion needs to happen on
> > cc-community.
> >
> > > > i do not think that the wording of the unported licenses is
> currently
> > > > up for discussion (unless i have missed something, but i think in
> that
> > > > case you need to talk to someone from CC HQ anyway).
> > >
> > > Hey, what's done is done. Not an issue. The 3.0 licenses are released.
> > > But why can't it be fixed for 3.x?
> >
> > Suggestions for future versions of the license are welcome, keeping in
> > mind that versioning may be in the very distant future -- but not
> > impossibly distant, see http://creativecommons.org/weblog/entry/7888
> > -- of which more input is welcome on.
> >
> > Mike
>
> all the best,
>
> drew
>
>
>
>
>
> ------------------------------
>
> _______________________________________________
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>
> End of cc-community Digest, Vol 44, Issue 26
> ********************************************
>
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