[cc-licenses] Third-party licensing of works

Joachim Durchholz jo at durchholz.org
Fri Jun 29 18:05:11 EDT 2007


Liz Berg schrieb:
> 
> WFMU wants to write up a contract that summarizes the by-nc or by-nc-nd 
> licenses (also providing the URL for the full legalese version of the 
> license), lists songs that the artists agrees to license under CC, and 
> asserts that these songs will be included in WFMU's Free Music Archive 
> website. Does this kind of agreement sound kosher? Or should we approach 
> this in a different manner?

The artists will have to place the works under BY-NC resp. BY-NC-ND. 
That's enough so that everybody can download the works for free.

If WFMU is non-commercial as defined by the legalese in NC, then you 
shouldn't need any additional contracts.
If commercial entities are allowed to redistribute in a noncommercial 
fashion (I'm not sure whether the legal fine print allows this), then 
you wouldn't need additional contracts either.
However, if neither of these scenarios hold, you need to license the 
songs from the artists so that you're allowed to redistribute them. 
Should be a rather straightforward license though - you only need the 
license to distribute, you don't need the right to sublicense or 
anything because that's already covered by BY-NC resp. BY-NC-ND.

IANAL and just my 2c and anybody correct me if I'm wrong and all that.

Regards,
Jo



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