[Cc-uk] CC licensing by minors

Edward Barrow edward at copyweb.co.uk
Tue Mar 21 07:01:09 EST 2006


rob at robmyers.org wrote:

>Remix Reading got some advice on minors and licencing from ArtLaw:
>
>http://lists.ibiblio.org/pipermail/cc-uk/2005-June/000455.html
>
>
>Quoting Stuart Yeates <stuart.yeates at oucs.ox.ac.uk>:
>
>  
>
>>It is not clear to me that the CC is a contract, in which case this
>>does not hold.
>>    
>>
>
>non-lawyer-question:
>
>Aren't licences contracts in English/Welsh and Scottish law?
>
>- Rob.
>
>  
>
Vexed question, which has been the subject of considerable debate on the 
CNI-copyright list.
IMO, (and IANAL etc) it goes like this:
- licence is a synonym for permission, consent etc.
- a contract is an agreement which must have certain other 
characteristics, including privity, that is, it's binding only on the 
parties.
and no one else; and consideration (something in return). 

This is basic in all common-law jurisdictions; I expect it's the same 
principle under Scots Law, though probably with different names for 
substantially the same concepts.

Most licences are contracts: "I license you to do X with my stuff, in 
consideration of [the money /  the "premises" (of the agreement, not 
real estate) / your undertaking to do/not to do Y]".

But bare licences, which are not contracts, are - IMO - also possible: 
"I give you permission to do whatever with my stuff, regardless".  
However, there are respected lawyers who hold that all licences are 
contracts.

In the case of the CC licences, the question turns, I think,  on 
consideration: what does the licensee give in return? Attribution is 
probably sufficient consideration, where it applies.

just my 2p's worth.

Edward Barrow
Copyright Consultant
edward at copyweb.co.uk



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