[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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