[cc-licenses] Customizable Resales Contract

Greg London email at greglondon.com
Wed Mar 8 08:44:08 EST 2006


>50% of the difference in price, (after inflation and some other costs -
such as insurance for the work + monies owing under Resale Royalties
Legislation) between what it was bought for and what it is sold for.

>Example - Original price - £1000..... 5 years later sells - £3000.....
Inflation + Insurance - £200..... 50% of difference = £900 to artist.

>For this contract to be enforced for any change of ownership, public or
private.

If I understand correctly, you're proposing CC's first EULA.
My understanding of copyright law is that any physical manifestation
of a copyrighted work that is purchased by someone is owned by
that someone and can be resold by that someone at any time.

I can purchase a CD at the store and some of that money flows
back to the artist. After a while, I decide I don't have the shelf
space and sell it. The artists gets none of that money in the resale.

There was a musician a couple years back who was trying to
do something to stop used CD's from being sold in stores,
or was trying to discourage people from buying used CD's,
because they weren't making any money off of it.

I realize that something like an original oil painting is
not something that easily scales to mass production, which
limits what the artist can do to make money. If you can
only create one copy, you can only sell one copy. Even though
the artist holds the copyright to the original work, it
is an equal amount of work to paint the first one or the
second one or the millionth one.

I understand the problem the artist is going through,
but I don't think an EULA is the answer. Well, maybe it
is, but I surely don't think that CC is the organization
that should be doing it. I can only imagine the clamor
that will occur as musicians contact CC to request their
own EULA that they can use with their CompactDiscs.
Then someone will request a DRM protocol to protect their
works. and so on and so forth. And suddenly, CC is offering
a *full* spectrum from Public Domain to All Rights Reserved
to EULA's and DRM's that enforce controls that are more
restrictive than All Rights Reserved.

This idea makes me really, really uneasy.

Greg

> Hi
>
> Lawrence asked if I would like to lead a discussion on the
> feasability/advisability of my CRC idea on the licenses list.
>
> http://confirm-or-die.com/crc/
>
> All comments welcome!
>
> Thanks, Paul
> _______________________________________________
> cc-licenses mailing list
> cc-licenses at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>


-- 
Bounty Hunters: Metaphors for Fair IP laws
http://www.greglondon.com/bountyhunters/



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