[cc-community] using Creative Commons as a fig leave

Hessel van Oorschot hessel at tribeofnoise.com
Fri Jul 10 06:41:46 EDT 2009


*In reaction to Paul's article 'using CC as a fig leaf':*

   1.

      Tribe of Noise is off course aware of the synchronization problem
      as described by Paul. This is why Tribe of Noise developed a
      format to use CC+ licenses. CC+ is THE solution for this synch
      problem and a reasonable way how an artist can be reimbursed,
      which some of the Tribe of Noise artists already experienced.

   2.

      Paul describes how the use of section 9 § 1 of the Tribe of Noise
      terms of use could lead to a situation where Tribe of Noise can do
      whatever they want with the uploaded works without giving the
      artist a reasonable fee for this use.

The problem of not giving a fee to the original author/artist actually 
also counts for the CC-BY-SA license, but is this not one of the main 
characteristics of the license? This is why Tribe of Noise uses CC+ 
licenses.

Nevertheless there are still possibilities to earn money with or without 
a CC-license for the author/artist. Besides this the main reason to 
upload on Tribe of Noise could be to become well known, to enlarge the 
network of the author/artist and to a have stronger negotiating power 
for their future repertoire.

Paul's statement about the possibility for Tribe of Noise to sub license 
without giving attribution is not accurate. Dutch law applies to the 
Tribe of Noise terms of use. According to Dutch law third parties need 
to attribute if they are using an original work. A Dutch author has 
moral rights, which always give the right to attribution to his work, 
except when he waives this right. Such a waiver is off course not 
implemented in the terms of use. The right to attribution is one of the 
moral rights which prevent third parties from doing whatever they want 
with original works.

The suggestion of misusing section 9, is an hasty assumption and in 
reality has never happened. Section 9 is created to give Tribe of Noise 
more freedom to use the uploaded works to improve their services and 
their website, as stated in the article. Maybe the term 'business 
operations' can be interpreted in several ways and deserves some 
clarification. Tribe of Noise is always open to improvement.

   3.

      Finally Paul's arguments seem to be based on the fact that he did
      not get fully exposed to all the info/only partially explored all
      available information, updates etc. that are provided to members.

If this means Tribe of Noise needs to clarify some of it's choices we 
are happy to oblige.

Although we do not get a lot of legal questions surrounding the used 
licenses, the ones we get are always answered extensively. Artists that 
are uncomfortable with CC or are for example BUMA members are still 
invited as member without uploading any music. This way they can still 
engage with their fellow musicians around the globe and just check out 
what Tribe of Noise is about.

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