[Cc-uk] Licence Bug? Removal of Attribution
copyleftmedia
miriamclinton at copyleftmedia.org.uk
Tue Mar 21 15:33:29 EST 2006
Rob Myers wrote:
> Hi.
>
> In the generic BY-SA license, there is section in clause 4a that
> allows a contributor to demand the removal of their name from
> derivative work.
>
> http://creativecommons.org/licenses/by-sa/2.5/legalcode
> "4. [...] a. [...] If You create a Collective Work, upon notice from
> any Licensor You must, to the extent practicable, remove from the
> Collective Work any credit as required by clause 4(c), as requested.
> If You create a Derivative Work, upon notice from any Licensor You
> must, to the extent practicable, remove from the Derivative Work any
> credit as required by clause 4(c), as requested."
>
> There does not seem to be an equivalent section in the England &
> Wales 2.5 BY-SA .
>
> http://creativecommons.org/licenses/by-sa/2.0/uk/legalcode
>
> I assume it would be in the "You must:" section. Should this be in
> the licence? Its absence seems to be a deviation from the original.
>
> - Rob.
>
I am not sure quite why this is in the original, I'm no expert on the
fine legal details of CC licenses, but I'm guessing it is used in the
rare event that a Licensor demands that they have no association with
the final product. That would have to be a rare event but it has
happened to me once in the course of remixing works. I was permitted to
keep the music but the licensor requested that their name not be
associated.
I would have to say that the England & Wales version is far more clear,
perhaps this is due to the technicalities required by American law. I am
sure that this eventuality could be negotiated between the two parties
under English law, but is it really necessary in the license? removing
content or association with a work is surely an agreement under
extenuating circumstances between two parties, rather than something
which CC itself should be concerned with? we are purely concerned with
the hows of licensing the derivative material in the first place, not
its removal?
slightly confused,
mC~
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