[cc-licenses] Dual Distribution Reconsidered
Rob Myers
rob at robmyers.org
Sun Dec 3 06:32:47 EST 2006
As I said, I think we've been looking at this all wrong:
* Can DRM be applied to CC work?
According to Mia Garlick, to one third party who has spoken to CC
(referred to via MJ Ray's weblog), and by a close reading of the
license, yes. As long as that DRM does not remove any rights the license
gives the user.
* Can CC work be distributed with DRM added?
Again yes, with the same proviso.
* Who has the right to add DRM to CC work?
According to Mia’s responses to the draft comments, possibly only the
copyright holder(s?). This would mean that only the original author and
possibly authors of derivative works could add DRM. End users would not
be able to.
* What about Fair Use?
The CC licenses state that nothing in them is intended to reduce Fair
Use. But adding DRM has the potential to reduce Fair Use in unintended
ways. Any addition of DRM therefore has at least the potential to reduce
Fair Use. This might mean that no DRM can be added, as any DRM removes
the Fair Use rights guaranteed (although not granted) by the license.
* What about noncommercial copying?
All the licenses allow at the very least noncommercial copying of
unmodified work. DRM can be used to prevent this. But is this a right
guaranteed by the license or merely a permission offered by it?
* What does this mean for dual distribution?
Ironically, given the terms of this debate, it means that it may mean
that the novel element of dual distribution would be the requirement to
provide a transparent, non-DRM copy!
* Should a transparent copy clause be added?
Dual distribution or transparent copy clauses for cultural works do not
sit well with CC’s style of remix culture licensing. It would be very
difficult to get right. We would need to look at the FDL/SFDL, which
have a similar requirement.
- Rob.
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