License Question (Fair use and ownership)

Rob Myers robmyers at mac.com
Tue Dec 2 07:08:03 EST 2003


Hello to the list.

I Have a question regarding the applicationn of the Creative Commons licenses (specifically Attribution Required/No Commercial/No Derivation as applied to weblogs). I appreciate that this list is for future developments, so possibly if I phrase this as a discussion of a possible clarification? :-)

IANAL, so my question is: if I include a reference to a third-party trademark or a quote from a third-party article in a work I put under a CC license, do I need a disclaimer like the one at the bottom of the RSS 2.0 site?

   http://blogs.law.harvard.edu/tech/rss 

For example, in the CC weblog at:

    http://creativecommons.org/weblog/entry/3629

several major films and television series are mentioned by name. I assume these aren't licensed by the CC license. :-)

Likewise, in the CC weblog at:

    http://creativecommons.org/weblog/entry/3640 

there are a series of quotes from an article on a newspaper website. No rights over this are claimed by the individual applying the CC license here either, I take it. :-)

To phrase my question another way, is using a CC license on something I've written containing material that would normally be covered by "fair usage" claiming that I own the rights to the "fair usage" material as well? 

Thanks.

- Rob.




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