[cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
Prodromos Tsiavos
p.tsiavos at lse.ac.uk
Sun Sep 30 08:12:11 EDT 2007
Jonathon wrote:
>
> Copyright, or even enforcement of copyright is not the issue. The
> major issue is whether or not Virgin should have had model releases or
> not.
I totally agree. However, the point I m trying to make relates to the
allegation of the claimant that he was misinformed regarding the meaning of
the term 'commercial'
"to adequately educate and warn him . of the meaning of commercial use and
the ramifications and effects of entering into a license allowing such use."
http://creativecommons.org/weblog/entry/7680
All I m saying is
(a) that the more we are going to have non-professional creators, the more
we will have to deal with legal issues that normally would have been issues
involving only professionals.
(b) the practice of introducing terms [e.g. commercial/ noncommercial] that
are not recognized or clearly defined by Copyright or other national laws is
prone to cause legal disputes
> Model releases are irrelevant to copyright law.
> A future CC license that contains a "model release" clause would, by
> definition, be incompatible with prior licenses. None the less,
> material under existing licenses could be converted to a future
> license, by a future user, despite that incompatibility.
IMHO the "model release clause" should be in included in the next version of
the CC licences, though I m not sure how the incompatibility issue would be
resolved.
thnx
pRo
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