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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <robmyers AT mac.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Warranty Issue Revisited
  • Date: Thu, 19 Feb 2004 14:03:13 +0000

On Thursday, February 19, 2004, at 09:20AM, Evan Prodromou
<evan AT wikitravel.org> wrote:

>>>>>> "TAJ" == Todd A Jacobs <nospam AT codegnome.org> writes:
>
> TAJ> And finally, I have yet to attend a play or read a book where
> TAJ> I was provided with a warranty of any kind. I've also never
> TAJ> seen a best-seller that warrants that the author is in fact
> TAJ> the author, or heard a song on the radio where the singer
> TAJ> guarantees--before singing a note--that she's executed
> TAJ> contracts with the lyricist, the record company, and all the
> TAJ> rest before she recorded her latest hit.
>
>You've obviously, then, never done a professional publication contract
>for any of these type of works. Every contract I've ever seen or
>signed for written work has had an indemnification and warranty, and
>I've seen one or two for music that have similar clauses.

I see sample credits on CD sleeve notes. Avril L******'s album has the
executive producer's name as the only text on the CD graphics (UK edition).
I see content credits at the end of films (if they use music or have a
cartoon on the television in one scene, for example).
And in the UK at least you get the "The author has asserted their moral right
to be identified as the author of this work under the copyrights & patents
act" disclaimer, above and beyond the copyright notice.

So issues of IP ownership and """paternity""" regularly intrude into the
documentation of books, films, and music.

I see "parental advisory" stickers on CD covers.
I see films/programmes on TV warn the viewer of flashing lights, disturbing
scenes, advertising content, or out-of-date information.
And technical books disclaim responsibility for errors.

So disclaimers regularly intrude as well. And this just is for end-users, I
agree absolutely about the contracts for producers...

- Rob.




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