[cc-licenses] Need clarification: What is "commercial"?
zotz at 100jamz.com
Fri May 4 07:29:32 EDT 2007
On Thursday 03 May 2007 09:31 pm, Greg London wrote:
> > uh oh. So a "cover", where something is re-recorded
> > cuts the rope to the originator? Even though they
> > created the seed idea? Not only that but the
> > conditions of his/her original license for the work?
> Uh, I've been trying to keep up, but seem to have
> lost track of which hypothetical scenario you are
> talking about here. BY or NC or SA or what?
> So, if you create a work and license it CC-NC,
> then no one can sell it without your permission.
> If the work qualifies in some way for a
> "compulsory license", then someone could sell the
> work and pay you money because the work is still
> a normal copyrighted work, it's just got some
> rights that have been licensed around. But it still
> qualifies for a compulsory license.
> Someone could create a cover and pay you the compulsory
> license fee. And if they use that approach, then it
> falls under whatever rules apply to the compulsory
> license laws, and have nothing to do with CC-NC.
> Even if you license the work CC-NC-ND-BY, if a
> compulsory license law can be applied to the work,
> the person can ignore the NC-ND-BY, pay you a
> compulsory license fee, and get whatever rights
> they get from that piece of law. And they can sell
> the work, and not license the new work CC-NC or anything.
And like I said, they could do the same thing with a song licensed BY-SA as
One wrinke I just thought of when it comes to trying that though... If it is a
BY-SA song several generations old with a big mix of "authors" then who do
they pay and what goes on then?
If I made the last derivative, and they chose to pay me (or if I made the
original) would I then have to split things with everyone? Or could everyone
else sue? Or what? Any ideas?
> You need to think of CC licenses as "in addition to"
> whatever compulsory license laws might apply to the
> work, if any. Just like you can license the work
> publicly under CC-NC-ND-BY and sell someone a license
> to do whatever they want with the work in parallel,
> the same can be done with a compulsory license.
> IANAL, TINLA, YADA, YADA,
Not A Lawyer Here Either. (NALHE)
all the best,
(da idea man)
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