[cc-community] Germany - NC/CC violation - request for help
Lucas Gonze
lucas.gonze at gmail.com
Wed May 28 12:48:15 EDT 2008
Yuval, what makes these people sharks rather than samaritans? It
seems to me that they're exposing CC works, and doing it in a
non-commercial way. Aren't you for that? How come you're against
having the support of such a generous organization? And why should
other CC -NC artists lose the support of such an organization?
On Mon, May 26, 2008 at 8:36 PM, Yuval Levy <cc07 at sfina.com> wrote:
> thanks for the lengthy discussion.
>
> Robert Atwood (lists) wrote:
>> I'm sure you know that really but it seems usage of (cc) then (c) in the
>> original post , where of course the (cc) material is in fact (c) . If
>> they don't nicely agree to do what you want when asked, you need to use
>> (c) law which involves lawyers, courts, etc.
>
> ok, let me expand. my understanding is that as an author i can license
> my work under different licenses. i do so when i write software, with
> dual licensing.
>
> my work published on the violated websites underlies different licenses
> because for some of it i am bound by upstream rights. the BY-NC-SA is a
> work I am not bound by upstream rights. Here in Québec I must ask in
> advance for a release from people I take pictures of. In one specific
> case I am limited by my subject's copyright to publication just on a
> closed listed of sites and in the exact form as approved by them.
>
>
>> I guess it might be dead easy to get the (a.r.r) material ordered off,
>> I am not too sure if this venue can offer much help with that ;-0 but a
>> lawyer sure can for the correct fee :-)
>
> Aren't there lawyers on this list? yes, I understand lawyer's work has a
> value and am willing to pay a reasonable amount, ideally success-linked,
> to a lawyer in Germany.
>
>
>> I might argue, that mounting a public exhibit takes money to pay for
>> things, like if I take one of your NC works and buy a frame and place
>> your work in the frame, and hang it on the street, do I violate the
>> license because the frame maker makes money? What if the maker's name
>> is on the frame? What if the maker gave me the frame? What if I am also
>> the maker?
>>
>> See where I'm going
>
> yes - and that's one of the story I heard from the affected
> photographers from previous experiences, which just makes them less
> inclined to work with these so called non-commercial sharks that are
> worse than big business.
>
>
>> In fact it leads me to wonder just what sort of use you imagine people
>> using your cc-by-nc-* works for? To be honest, that sounds a bit like
>> the kind of thing i would EXPECT at least the cc-by-nc-sa works to be
>> used for.
>
> well, my understanding of NC is that a person would take it for her
> personal website. I expect that a scientific researcher who gets big
> budgets to pay for displays, huge computing capacity, the latest FullHD
> projection technologies and all of the logisitic associated can spare a
> few bucks for the images that are oh, so unimportant when the frame is
> so cool.
>
> yes, the SA work I did expect to be modified (and some of the people
> involved did really fun stuff with it). I do expect the modifications to
> be respectful of the original artwork. In the case of my BY-NC-SA I
> would not really mind if the framework was respectful, but some of the
> other photographers are outraged to see their artwork cropped to an
> aspect ratio it was not intended to be viewed in.
>
>
>> It's my opinion.
>
> I appreciate it, thank you. Now, if there were lawyers reading this list
> and contacting me - I'd rather go with a lawyer that knows CC because I
> believe that somebody who is aware of a broader set of possibilities can
> widen the negotiation range - the intention is not to beat the
> offender dead, but to get them to acknowledge and understand their
> violation, make sure they respect artists in the future and get sort of
> fair compensation, not a damaging one.
>
> Yuv
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