[cc-community] CC-like video release form

Jon Phillips jon at creativecommons.org
Wed Jan 16 00:47:24 EST 2008


Heya, yes, please channel any of these efforts over to
http://ownterms.org wiki right now and chip in with your forms. That is
a cool open project to do this type of thing.

IANAL, etc.

Regardless, this is something that we have talked about at CC, so
obviously the more interest in this the better...but for now,
ownterms.org is a great place to add these types of forms and keep the
fire on on this.

Jon

On Tue, 2008-01-15 at 23:36 -0500, Matthew J. Agnello wrote:
> I definitely don't see it being hard to create a release form like
> this or adapt current release forms with a provision for CC. But I
> doubt many videographers have ever done this in the past.
> 
> 
> It brings up a larger question of whether or not videos can be CC
> licensed without violating publicity rights. I don't know if the
> protection granted by release forms naturally transfers to derivative
> works or not (it seems like no in any country with publicity rights),
> and if not, then CC-licensed videos are a lot riskier to remix without
> attached documentation. Since seeking permission is one of the things
> CC wants to avoid, I think answering this question should be pretty
> high on CC's TODO list.
> 
> 
> // Matt
> 
> 
> 
> ----------
> Matt Agnello
> http://www.hungryfilmmaker.com
> < matt.agnello at gmail.com >
> 
> 
> 
> 
> 
> On Jan 15, 2008, at 11:40 PM, Terry Hancock wrote:
> 
> > Matthew J. Agnello wrote:
> > > > > Please bear in mind that unless they consent not only to your
> > > > >  project,
> > > > > but also to any derivatives of your project under the By-SA,
> > > > > then  your
> > > > > choice of the By-SA license is little more than an affectation
> > > > > -- 
> > > > > anyone
> > > > > wanting to reuse/remix your end product would need to get
> > > > > separate
> > > > > permission from everyone involved in the project.
> > > > 
> > > > Surely not if the release assented to using the released
> > > > materials  as
> > > > per
> > > > the license?
> > > 
> > > It's possible to write a release form that releases both the
> > > original 
> > > producer and producers of derivative works from being sued. But
> > > it 
> > > sounds to me, based on Terry's interpretation of the license,
> > > unless I 
> > > have used a specific release form in the creation of my video
> > > that 
> > > accounts for CC derivatives, and that video involves real people
> > > at 
> > > all, I cannot license it BY-SA with the intended effect of
> > > allowing 
> > > people to reuse it, as that re-use would violate publicity rights 
> > > without first getting permission from the human beings involved in
> > > the 
> > > video.
> > > 
> > > IANAL, and I don't know if this is the correct interpretation, but
> > > it 
> > > does ring true. And, if it is, it might render a lot of CC
> > > licensed 
> > > videos void.
> > 
> > I only wish to say that I'm not a lawyer either, so maybe I'm out
> > of my tree, but yes, I think this is probably true. Since the CC
> > licenses explicitly deal only in copyright terms and disclaim any
> > authority over other kinds of restrictions, I don't think they would
> > themselves extend the releases
> > at all.
> > 
> > So it would be necessary, IMHO, for the release to provide the same
> > kind of extension in order for the license to work as intended. I
> > don't
> > imagine that would be hard, but I think it's complicated enough to
> > warrant writing a standard one for people to reuse (and be reviewed
> > by
> > lawyers, I hope).
> > 
> > Cheers,
> > Terry
> > 
> > -- 
> > Terry Hancock (hancock at AnansiSpaceworks.com)
> > Anansi Spaceworks http://www.AnansiSpaceworks.com
> > 
> > _______________________________________________
> > cc-community mailing list
> > cc-community at lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-community
> > 
> 
> 
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-- 
Jon Phillips
jon at creativecommons.org
cell: +1.510.499.0894 (80% time)
desk: +1.415.369.8486 (20% time)

Business + Community Manager
Creative Commons
www.creativecommons.org


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