[cc-community] How to apply a Creative Commons license to an existing book

Jon Andersen janderse at gmail.com
Fri May 16 11:02:36 EDT 2008


Is there someone within the reach of this email who has done this
before?  Applied a CC license to an existing real-life book without
republishing it?  I'm trying to reach a local copyright lawyer, but
that seems like overkill considering that to apply a CC license to a
new work is a copy-and-paste operation for the copyright owner.  Why
should it be so difficult for an existing work?

Suggestion for CCers:  Create a FAQ entry on this (applying CC to an
existing work).

-Jon

On Fri, May 16, 2008 at 1:09 AM, Brian Rowe <brian at freedomforip.org> wrote:
> Hello Jon,
>
> I do agree with Fred in principle, additional facts can not be locked away
> copyright.
>
> But things are not that simple, once you add notes or a narrative to facts
> portions of the work are locked away by copyright.  Arrangement and
> selection of facts can also be copyrighted.  Additionally some
> extremists,*cough* Westlaw *cough*, even try to claim a copyright in page
> numbers and indices.   Going with a CC license is the safest way to make
> sure it is free for other to reuse, republish and build upon.
>
> As far as suggesting sample languge to added a CC License to a book, this is
> more complicated then it sounds.  What you are writing is a contract.  I
> would suggest talking to a local legal clinic or a pro bono legal
> organization, GL.
>
> Best,
>
> Brian Rowe
>
> On Thu, May 15, 2008 at 8:50 PM, Jon Andersen <janderse at gmail.com> wrote:
>>
>> Fred,
>>
>> Thanks for replying!
>>
>> The content of the book does have genealogy facts in it.  Its mostly
>> meeting minutes from the church, and then table summaries of baptisms
>> and burials.
>>
>> I would like advice on a statement for the church to sign that would
>> apply the Creative Commons license to the existing book.
>>
>> Example content:
>> Sabbath
>> Received James, a servant of Br. Matt. J. Smith, by experience.
>>
>> November 12, 1853
>> No preaching today.  After prayer on application granted letters of
>> dismission to to Br. B. F. Holland and Sister Julie Holland.
>> ...
>> S. May, Clerk
>>
>> Name    Joined          Plantation
>> John      Apr 1860    James Smith
>> John      May 1860     O. Wilson
>> ...
>> ...
>>
>> There are tidbits of historical information inserted by the author as
>> well.
>>
>> -Jon
>>
>> On Thu, May 15, 2008 at 11:24 PM, Fred Beneson <fred.benenson at gmail.com>
>> wrote:
>> > Interesting question.
>> >
>> > One quick clarification, can you give an example of the content of the
>> > book?
>> >
>> > If it is close to an accounting of facts (X is the daughter of Y) then
>> > it may not be copyrightable. For more information on this concept,
>> > look up the merger doctrine.
>> >
>> > Since you are not asking for legal advice, I am not giving it,
>> >
>> > F
>> >
>> > On May 15, 2008, at 11:06 PM, "Jon Andersen" <janderse at gmail.com> wrote:
>> >
>> >> I am a family history enthusiast and would like to assist in making
>> >> unique genealogical books available under a Creative Commons license.
>> >> What is the best way (most legally binding), as a third-party, to help
>> >> the (cooperative) copyright holder of a rare book apply a Creative
>> >> Commons license to it?  They aren't interested in all the effort of
>> >> republishing it at the moment and so that option is out.
>> >>
>> >> Details:
>> >> There was a book on a church history published in 1988 in the U.S.
>> >> (registered with the copyright office) whose copyright holder in the
>> >> book is listed as the church itself; my copy happens to be autographed
>> >> by the author.  However, the online copyright office search lists the
>> >> claimant as the author, not the church.  The author has passed away,
>> >> but a relative of the author has continued maintaining the history of
>> >> the church.  I have contacted the current pastor and he is willing to
>> >> bring the matter before the church governance for approval.  It is up
>> >> to me to provide him with a letter and something to sign.
>> >>
>> >> Is there a boilerplate Creative Commons licensing form somewhere?  I
>> >> want to make it as easy as possible for them - something along the
>> >> lines of "sign here and its done".  I know how to access the
>> >> appropriate license online, but the wrinkle is how to apply the
>> >> license to an existing book in a simple way.
>> >>
>> >> I am not asking for official legal advice.  I would like to know ideas
>> >> you have about something that they could sign to make the book
>> >> available under an Attribution, Non-Commercial, Share-Alike US
>> >> Creative Commons license.
>> >>
>> >> -Jon
>> >> _______________________________________________
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>> >> cc-community at lists.ibiblio.org
>> >> http://lists.ibiblio.org/mailman/listinfo/cc-community
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>> > http://lists.ibiblio.org/mailman/listinfo/cc-community
>> >
>>
>>
>>
>> --
>> -Jon Andersen
>> Software engineer
>> Citrix Systems, Inc
>> 954-940-7737 (work)
>> 954-973-4908 (home)
>> 734-646-5577 (cell)
>> _______________________________________________
>> cc-community mailing list
>> cc-community at lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/cc-community
>
>
>
> --
> Brian Rowe
> Brian at freedomforip.org
> (206) 335-8577 (Cell)
>
> Access To Justice Technology Principles
> www.ATJWeb.org
>
> Freedom for IP
> www.FreedomforIP.org
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>



-- 
-Jon Andersen
Software engineer
Citrix Systems, Inc
954-940-7737 (work)
954-973-4908 (home)
734-646-5577 (cell)


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