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cc-sampling - Re: [cc-sampling] Making the SL fit in with it all

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Subject: Development of the Creative Commons Sampling license (or license option)

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  • From: Glenn Otis Brown <glenn AT creativecommons.org>
  • To: creative list <cc-sampling AT lists.ibiblio.org>
  • Subject: Re: [cc-sampling] Making the SL fit in with it all
  • Date: Tue, 22 Jul 2003 16:29:11 -0700


my response all the way at the bottom. . . .

Hi Glenn,

The page would have to be a little more complicated. But one of the reasons
I personally haven't released any of my work under a CC license is the
advertising issue. I think more options might be a good thing.

It would have to look something like this ("o" is a radio button, "[]" is a
checkbox):

Do you want to let people distribute and/or broadcast your work?
o no
o yes, however they wish
o yes, but
[] only if they credit me
[] not for profit
[] not in advertisments

Do you want to let people make and distribute and/or broadcast modified
copies of your work?
o no
o yes, however they wish
o yes, but
[] only if they credit me
[] not for profit
[] not in advertisments


And then if we decided to make all the options available, it'd look
something like this:

Do you want to let people distribute and/or broadcast your work?
o no
o yes, however they wish
o yes, but
[] only if they credit me
[] not for profit
[] not in advertisments
[] not alongside any other media
[] only for educational purposes
[] only in underdeveloped countries

Do you want to let people make and distribute and/or broadcast modified
copies of your work?
o no
o yes, however they wish
o yes, but
[] only if they credit me
[] not for profit
[] not in advertisments
[] not alongside any other media
[] only for educational purposes
[] only in underdeveloped countries
[] only if they provide the source material (like I do)


Do you think that's too complicatied?

(again, I'm skirting the share-alike issue, but mostly because there may be
good reason to make it mandatory in all licenses. But at worst it could
simply be another check box in the derivative category)

Josh

Do you think that's too complicatied?

With all due respect, I think it is.

Here's what mine version would look like:

The choose license page would be the same:

Do you want to:

Require attribution? more info )
Yes
No

Allow commercial uses of your work? more info )
Yes
No

Allow modifications of your work? more info )
Yes
Yes, as long as others share alike ( more info )
No

But along the right margin, or somewhere prominent, there would
be a big button that said SAMPLING LICENSE.

When you click on that, you get a little information about
the sampling license, plus a single question:

Require attribution? more info )
Yes
No






On Tuesday, July 22, 2003, at 03:58 PM, Joshua Csehak wrote:

Glenn Otis Brown wrote:

Joshua,

Some great points here.

In response, I'll say that one of top priorities is to keep our
licensor interface, found here <http://creativecommons.org/license/> as
simple and easy to use as possible.

Under the vision you describe below, what would that page look like?

My idea is to leave that great page exactly as is, and to offer the
Sampling license (with an attribution option) as a one-off specialty
license.

Thanks,

Glenn

On Tuesday, July 22, 2003, at 03:26 PM, Joshua Csehak wrote:

Hi all,

I just read all the archives on the sampling list. Let me first say
that I'm very excited about being part of this discussion. I think
creating a standard licensing scheme is a huge step toward
consolidating artists in the open-* (star being techno-speak for
"whatever") movements and eventually bringing to light problems with
current copyright law and maybe someday getting it changed. Who knows,
if we create a widely-used standard, and enough big-name artists adopt
it, maybe one day sampling will be considered "fair use."

I hope I'm not jumping in too late here, but I had an overriding
concern since just about page one. Chris brought it up eariler:

[CG] I see. Hm, do you think you might need, or it might be better
to have, separate licenses instead of alternate versions of this
language? It could get really confusing to conditionalize the same
language to handle both kinds of attribution requirements, especially
if there are various options for the SL.

Yes yes yes, a thousand times yes.

You guys have started a really great thing, covering all (or most of)
the bases not by having a bazillion licenses, but by offering license
terms a la carte. Why mess with a good thing? Creating a whole new
license is confusing to me, and I've spent a lot of time thinking
about all this stuff. We absolutely have to make the licensing scheme
as easy as possible to understand by someone with all the mental
capacity of say, Ozzy Osborne.

What confuses me (or what will confuse me, if the SL is added to the
list): why is there a "no-derivatives" option, and a "derivatives"
(SL) option? Does that mean that the attribution-only license allows
for making of derivative works? No, of course not. So why the overlap?
Is there a way to work everything so there's no overlap, but a
consistent and easy-to-understand licensing scheme that not only
allows for every situation we can think of now, but also is modular,
to allow for future situations? I think there is.

Someone (I think Glenn) said:
Right now, if you
wanted to allow any commercial use of your work, including derivatives
and verbatim copies, you could simply use any of our current licenses
that 1) don't specify "noncommercial" and 2) allow derivative works.
The
whole point of this license is refining that noncommerical provision
to
allow commercial transformations but not commercial verbatim copying.

Aha. So why not, instead of creating a whole new SL, just say that?
Doesn't sampling fall under the category of a derivative work? Is
there any reason why you'd want to allow sampling but not another type
of derivative work?

My suggestion:

The way I see it, there are two types of freedoms you might want to
grant:

Distribution- anyone can distribute/broadcast verbatim copies.
Derivative- anyone can make/distribute/broadcast derivative works.

and there are certain types of restrictions you might want to impose
on those freedoms (perhaps called modifiers or options):

Attribution- any copies of the work must include credit to the
original author.*
Non-commercial- you can't profit off of it.
No Ad- the work cannot be used in an advertisment.
No Sync- the work cannot be synchronised with another media (just a
thought).**
Education- these rights are allowed only for educational purposes***
Under-developed Countries- these rights are allowed only in
under-developed countries
Open-Source- you must make the source material available (only an
option for derivative works)**

* This includes credit to the parent author(s), if the work in
question is itself a derivative work.
** Doesn't educational use fall under "fair use" anyway? I'm pretty
sure it does, but only for snippets, not entire works.
*** More on this later

So for instance, Alice might release her song "Yeah Baby," under a
"Distribution (attribution, non-commercial, no-ad) & Derivative
(attribution, no-ad)" license. This would mean that people could share
her song for free over KaZaa but not sell copies of it, other people
could sample the song and sell their new song, and an ad company would
have to get her permission if they wanted to use her song or any song
that samples her song in a commercial. Alternatively, if she doesn't
care if people use a derivative song in an ad (just not her original
song), she could remove the "no-ad" modifier from the Derivative
freedom.

I really think these options cover every concern that's been brought
up so far. I'd be very interested though, to hear if I'm missing
something, or my logic simply isn't sound. One thing it doesn't cover
is if you want to make it so people could say, use the work in an ad
in an under-developed country, but not in the US. Or if you want to
make it so people only have to attribute you if they're profiting off
of your work, but not if they're just giving it away. But I think if
you want to get that picky, you can write your own damn license.

One thing to think about - I can't think of any reason why you'd want
to have more restrictions for the derivative works than for verbatim
copies. But I think it's best to keep the options open.

Yes, the list is incomplete and poorly defined, and it's a bit of a
radical change, but I think restructuring it like this is the only way
to make everyone's concerns fit into a consistent and
easy-to-understand licensing scheme. I also don't think any work would
be lost by adopting this structure (or something like it), since most
concerns that have been brought up would fall under the Derivative
freedom or the No Ad modifier.

You might notice I left out the "share and share alike" option.
Defining what rights 3rd parties are allowed to license their
derivative works under is a tricky mess, as is evident in the archive.
My thoughts on that whole mess, and on how to best define the
advertising option (for instance, does propaganda count as
advertising?), and even how to define a derivative work (for instance,
does a music video qualify as a derivative of the original song?),
will follow in another email.

best,
Joshua Csehak

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------------------------------------------------------------------------
--------------------
Glenn Otis Brown
glenn AT creativecommons.org
Executive Director
t +1.650.723.7572
(cc) creativecommons f
+1.650.723.8440

--
root# records
Open Source Music
www.rootrecords.org





--------------------------------------------------------------------------------------------
Glenn Otis Brown glenn AT creativecommons.org
Executive Director t +1.650.723.7572
(cc) creativecommons f +1.650.723.8440





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