[cc-licenses] Proposed Non-Commercial Guidelines
mia at creativecommons.org
Wed Mar 8 15:16:04 EST 2006
so i take your point that "use" is broader than the copyright rights
& drew's earlier point that we should call a "collective work" a
collective work rather than describing it as a work used verbatim in
another work...the reason for not itemising each copyright right &
for not using the term collective work from the Copyright Act was to
try to make it less legalese and more human-readable. this is similar
to the approach with drafting the Commons Deed. to address these
concerns, perhaps we can include footnotes that clarify these terms
and also include a disclaimer with the guidelines similar to that
which we include with the Commons Deed.
not sure i totally understand the client side remixing point. E.(1)(b)
(i) is talking about requiring someone to pay to "use" (exercise a
copyright right) a derivative work. if someone creates & performs a
remix in the privacy of their own home (which probably involves the
exercise of the right to copy & make adaptations but whether it
constitutes an infringement of an "all rights reserved" work would
depend on copyright exceptions; a private performance in their own
home would not, however, trigger the public performance right) i
don't quite know where the money is getting charged & thus, how it
comes within the NC guidelines
but i maybe misunderstood the example....in which case, can you add
some more details so i can better understand it....
On Mar 7, 2006, at 6:50 PM, Greg London wrote:
>> Having read the Proposed Non-Commercial Guidelines here
> I'm a little confused as to the wording of (E)(1)(b)(i):
>> As a condition of using a derivative work based on
>> an NC-licensed work, of which the original NC-licensed
>> work is the primary draw or a substantial amount,
>> either qualitatively or quantitatively, of that
>> derivative work, license violation – this is not a
>> noncommercial use.
> A derivative work based on an NC-licensed work could,
> concievably, be a derivative work created by a user
> performing "client side remixing" on an NC-licensed work
> in their home. I'm pretty sure that client side remixing
> is legal even with works licensed All Rights Reserved.
> (perhaps not, I could be wrong.) This bullet (E)(1)(b)(i)
> then makes the NC license sound more restrictive than
> All Rights Reserved.
> The problem, i think, is the word "use"
> in the phrase "using a derivative work". Copyright
> doesn't cover "use" and "use" is pretty damn broad.
> I think the word "use" needs to be changed to the
> rights associated with copyright: copy, distribute,
> create derivative works, probably specifically the
> word "distribute". But I'm just guessing at this point.
> Bounty Hunters: Metaphors for Fair IP laws
> cc-licenses mailing list
> cc-licenses at lists.ibiblio.org
More information about the cc-licenses