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cc-licenses - Re: Licensing ideas and online communication

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Subject: Development of Creative Commons licenses

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  • From: Mike Linksvayer <ml AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Licensing ideas and online communication
  • Date: Thu, 08 Jan 2004 14:19:12 -0800

Maxim Oustiougov wrote:
First of all - does default copyright apply to ideas, or just to the form in
which they have been expressed (i.e., does it apply to an idea expressed in
the blog post, or the post itself)? As far as I understand, anything that uses
the idea would be considered a derivative of the post which contained it - how
does default copyright handle it?

My ill-informed understanding is that default copyright doesn't cover ideas at all, only expressions, i.e., the blog post itself.

Second - what would be the best license option, from Creative Commons point of
view, to protect content on a blog from being commercially exploited, or being
used without a credit (attribution)? Would a combination of BY+NC work for
this purpose? Our would NC be enough? Would it really cover derivative from
IDEAS in the posts (again, it goes back to the first point).

by-nc would work for blog content, but there are no idea police. YMMV. :-)

Third - if one wants to allow certain rights to content of an e-mail, what
would be the best option (technically and CC-wise) to do that? Besides e-mail,
there are also comments on forums or blogs, reviews on web sites, etc.
Commonly, commercial web sites collecting reviews and comments (not in blogs)
claim copyright and ownership on them as soon as they are posted - is there a
good way to combine the rights of a site owner with the rights of the author?

I honestly don't know what rights are retained by authors contributing reviews say to Amazon, but I don't know why you couldn't require posters to give you permission to use their postings on your site and retain copyright, or license their postings to the public under by-nc, but separately allow you to make commercial use, or one of many variations. You might want a lawyer to help you.

--
Mike Linksvayer
http://creativecommons.org/learn/aboutus/people#21




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