[cc-licenses] Image privacy
hancock at anansispaceworks.com
Wed Jun 6 17:52:18 EDT 2007
drew Roberts wrote:
> So I release a picture of myself BY-SA but with the intention not to give a
> release on the use of the image. Does my giving the copyright license force
> me to give the release?
If the person who holds the copyright and makes the free-licensed
release is the same as the subject of the photo (not the most common
case!), then you might be able to argue that the act of licensing the
work implies a release.
In the general case, though, the copyright and privacy release have to
come from two different people, so you would have to have gotten a
release in order to pass it on to other users (and if there are any
conditions placed on use by the subject, they will apply and may limit
what you can do).
> Could you give a conditional image release with a BY-SA license?
Yes, I think you can.
> How does this release match up with the only agreement language in the
> license? Is that language still there? (Off to check...) Yes. 8.e.
> "This License constitutes the entire agreement between the parties with
> respect to the Work licensed here. There are no understandings, agreements or
> representations with respect to the Work not specified here."
Ah, but the key here is that the privacy release is NOT an agreement
between the "parties" referred to in the CC license, but between the
subject and all users.
Potentially, this language would be binding if you *were also* the
subject (an interesting point I would love to hear a more expert opinion
about), but otherwise, no.
The person who would sue them is not you, who have agreed to the above
terms, but the subject, who is not party to the CC licensing agreement
> I have a feeling that Free copyleft licenses are going to need
> changes/refinements in the law to achieve their full potential.
We could also change the law to make normal copyright more like the CC
licensing regime. I think that NC-ND is a prototype for what some people
think ought to be the default copyright law.
In fact, many people already operate on the principle that this is the
case (a lot of websites treat ARR material as if it were NC-ND), so
there is a certain amount of expectation of it.
I'm not sure our society is ready for that transition, though.
Terry Hancock (hancock at AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com
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