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cc-licenses - [cc-licenses] Are CC license grants purely for copyright?

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Subject: Development of Creative Commons licenses

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  • From: Henri Sivonen <hsivonen AT iki.fi>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] Are CC license grants purely for copyright?
  • Date: Tue, 24 Jan 2006 12:32:25 +0200

Hi,

I have been tasked with editing and preparing for distribution a video of a political debate that was an event open to public. The video was shot with the permission (at least implicit) of the organizers the event. I have a permission from the camera operator to edit the video and distribute the result as CC-by-nc-sa 2.5. We (the camera operator and I) don't have explicit permissions to distribute and license the video in a particular way from the people whose voice and likeness is recorded.

Since no one was (we hope :-) engaging in an artistic performance, the event was open to public and the recording equipment was not concealed, we believe that the it would be perfectly legal for us to distribute the video in public under an "all rights reserved" license or CC-by-nc-nd. (Correct?)

Can we use a CC license to permit derivative works to the extent creating such a work would infringe on our copyright while being silent on whatever decency rights the depicted people have? That is, is it clear that the grants of the CC licenses are confined to copyright and do not allow the kinds of derivatives that would infringe on the rights of anyone depicted? Would we be granting a license to something that is not ours to grant if we allowed derivatives? (Examples of derivatives that I believe we don't have the right to authorize include pornography, sampling the voices to produce forged speech and use of people's likeness in advertising.)

Do we need the nc license element just in case?

The camera operator wanted CC-by-nc-sa. I was going for CC-by-sa, because no-one seems to know for sure what nc means.

(I am in Finland and the event was held in Finland, but I intend to use the "generic" versions of the licenses, because I'm not going to release anything under a 1.0 CC license.)

--
Henri Sivonen
hsivonen AT iki.fi
http://hsivonen.iki.fi/





  • [cc-licenses] Are CC license grants purely for copyright?, Henri Sivonen, 01/24/2006

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