[cc-community] CC-like video release form

Terry Hancock hancock at anansispaceworks.com
Wed Jan 16 21:59:45 EST 2008

Gavin Baker wrote:
> personality rights). But with open licensing, there's NO accountability
> whatever, in fact there's an open invitation to all kinds of crazies to
> put words in my mouth (hey, derivatives are allowed!) and make it seem
> like I'm saying them.

They can if it is obvious that you didn't really say them.

They CANNOT if they are actually misrepresenting you. That would
libelous, and the release would not permit that.

The notional "Neo-Nazi Site" can use images of you in their own works,
but there are still some limits on what they can do. I think that the
things you are most afraid of go beyond "publicity rights".

Or at least this is how I think it would work.

If someone misrepresents your speech, they are making a factual claim
about you that is false and damaging to your reputation. That's the
basis for a libel claim, as I understand it.

Publicity rights, as I understand them, primarily exist to protect a
financial interest in using your image and are not mainly there to
protect your reputation. Free speech rights generally allow a lot of
things you might not like to be said, but they don't allow factual
misrepresentations of you which might damage your reputation.

Think of how the notional bad-guy site can use your *name*, for
instance: they can, of course, say "Joe Schmoe is a schmuck!", but they
can't say "Joe Schmoe eats babies!" or "Joe Schmoe says, 'Babies are
yummy!'" unless 1) this is factually true (and they can prove it), 2)
they can get away with claiming it is obviously not intended to be taken
seriously (which might happen in a case as hyperbolic as this example,
but probably not in real cases you'd worry about). If you just
substitute "picture" for "name", I imagine the same situation would
apply if a free release were used.

It's just like free software, really. The license doesn't preclude
creating shark-mounted lasers, but using them to assassinate someone is
still prosecutable.

Of course, once again, IANAL.


Terry Hancock (hancock at AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com

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