[cc-community] CC As One Excuse For Not Extending Copyright Exceptions
Mike Linksvayer
ml at creativecommons.org
Thu Mar 5 10:47:14 EST 2009
On Thu, Mar 5, 2009 at 4:31 AM, drew Roberts <zotz at 100jamz.com> wrote:
> On Thursday 05 March 2009 06:36:33 Rob Myers wrote:
>> http://www.out-law.com//default.aspx?page=9838
>>
>> 'The [UK] Government suggested that legislators focus more on
>> improving licensing of material by copyright owners to allow other
>> people to make works using parts of their content. It said that
>> companies had already found some success in negotiating such
>> agreements themselves.
>>
>> "In addition to the 'Creative Commons' licence [sic] [...] '
That makes me a little sick.
However, the success of voluntary licensing can and should also be
used as an argument for broader exceptions -- demand for and utility
of broader exceptions have been proved, but non default nature imposes
all kinds of costs even if the voluntary option could be made much
easier than it is (hard to see how), resulting in a huge social loss
-- in other words, success of voluntary licensing demonstrates the
opportunity cost of not having broader exceptions.
> On thing I think legislators should consider is the removal of the compulsory
> (statutory?) license when the work is offered under a copyleft-Free license
> such as BY-SA. (BY already removes the need to use such a license, right?)
>
> I think this would be a decent balancing of the situation.
Something much more limited but inspired partially by SA provision of
licenses has been proposed (by an academic anyway) -- if you take
advantage of exceptions, you have to allow others the same. See
http://www.earlham.edu/~peters/fos/2009/02/making-share-alike-default.html
Mike
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