[Cc-uk] Licence Bug? Removal of Attribution

copyleftmedia miriamclinton at copyleftmedia.org.uk
Tue Mar 21 15:33:29 EST 2006


Rob Myers wrote:
> Hi.
>
> In the generic BY-SA license, there is section in clause 4a that  
> allows a contributor to demand the removal of their name from  
> derivative work.
>
> http://creativecommons.org/licenses/by-sa/2.5/legalcode
> "4. [...] a. [...] If You create a Collective Work, upon notice from  
> any Licensor You must, to the extent practicable, remove from the  
> Collective Work any credit as required by clause 4(c), as requested.  
> If You create a Derivative Work, upon notice from any Licensor You  
> must, to the extent practicable, remove from the Derivative Work any  
> credit as required by clause 4(c), as requested."
>
> There does not seem to be an equivalent section in the England &  
> Wales 2.5 BY-SA .
>
> http://creativecommons.org/licenses/by-sa/2.0/uk/legalcode
>
> I assume it would be in the "You must:" section. Should this be in  
> the licence? Its absence seems to be a deviation from the original.
>
> - Rob.
>   

I am not sure quite why this is in the original, I'm no expert on the 
fine legal details of CC licenses, but I'm guessing it is used in the 
rare event that a Licensor demands that they have no association with 
the final product. That would have to be a rare event but it has 
happened to me once in the course of remixing works. I was permitted to 
keep the music but the licensor requested that their name not be 
associated.

I would have to say that the England & Wales version is far more clear, 
perhaps this is due to the technicalities required by American law. I am 
sure that this eventuality could be negotiated between the two parties 
under English law, but is it really necessary in the license? removing 
content or association with a work is surely an agreement under 
extenuating circumstances between two parties, rather than something 
which CC itself should be concerned with? we are purely concerned with 
the hows of licensing the derivative material in the first place, not 
its removal?

slightly confused,

mC~

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