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cc-licenses - Re: CC licenses and documentary films

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Subject: Development of Creative Commons licenses

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  • From: Glenn Otis Brown <glenn AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: CC licenses and documentary films
  • Date: Mon, 29 Nov 2004 10:56:13 -0800

this is fine provided the parts where the filmmaker is asserting fair use are labeled as such.

filmmaker could simply say, in the credits or in the text accompanying the film, that segments XYZ belong to the third parties and are not subject to the cc license and that licensees should make their own analysis on whether to use them or not.

note how MIT does it here: they created their own sort of "restricted use" footnote for 3rd party materials that might show up in their cc licensed course materials






On Nov 29, 2004, at 7:55 AM, Nicholas Bergson-Shilcock wrote:

I'm sure this question has already been asked and answered, but I haven't
yet found it in your archives. I would appreciate any guidance you can offer
on this topic.

What happens when somebody wants to attach a CC license to a documentary
film that includes "fair use" snippets of copyrighted work? The documentary
in question includes both slightly longer segments (which, although almost
certainly fair use, the documentary maker paid for) and short pieces that
are assumed to be such a small percentage of the original work that it is
fair use to include them in the documentary.

I know how subjective fair use decisions are, so I fear that I already know
the answer, but: Is it permissible to use a CC license in this context?

Thanks in advance for any assistance you can provide.

-Nicholas Bergson-Shilcock

P.S. FYI, I'm a college student and the documentary was made by one of my
professors. It's a scholarly work that was never intended for profit, so
he's asked me to investigate the possibility of using a CC license.



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Glenn Otis Brown
Executive Director
Creative Commons
glenn AT creativecommons.org
+1.415.946.3065 (telephone)
+1.415.336.1433 (mobile)
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(cc) Some rights reserved.
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