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cc-licenses - Re: [cc-licenses] choosing a new license at freesound, please help

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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: Re: [cc-licenses] choosing a new license at freesound, please help
  • Date: Thu, 26 Oct 2006 01:42:54 +0300

On Oct 26, 2006, at 00:43, freesound AT iua.upf.edu wrote:

It looks like the "authors" in freesound mostly want to use the nc license
because they want to be able to decide who uses their samples in which
commercial contest.

Is that a good idea? If you were a user of samples, would you like to give providers of samples control over your work? Would you want to give font vendors veto over your writing?

People (even here I see!) always seem to forget that even though you
release something under by-nc you can still give permission to anyone to
use the sample in a commercial work (in obviously a less "legally defined"
way, but *I* don't care about that).

Which means that the situation has degenerated into listen-before-you- license ARR, but naïve people are more likely to incorporate the samples in their works before they realize what they have gotten themselves into. When they realize that their works have been encumbered by NC, they have sunk cost (at least the opportunity cost of creating the works using the samples) and would incur a cost if they had to remove the samples from their works in case the copyright holder of the samples turns out to be uncooperative.

I think Public Domain is the most sensible choice for samples.

However, if you want a CC license, ND is obviously unsuitable. Sampling and Sampling+ are unsuitable, because they are for larger works that can be sampled--not for samples. NC encumbers works that use the samples is a way that is so unreasonable that I have a hard time seeing why anyone would want to use samples under NC after realizing the consequences of using NC. It has been pointed out in this thread that it is not at all clear what SA means when applied to samples. Using unclear licenses is a bad idea. That leaves CC-by, but attributing each sample author may be impractical (hence the PD suggestion).

IANAL. I am not CC.

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






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