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  • From: melanie dulong <melanie.ddr AT gmail.com>
  • To: "J.C. DE MARTIN" <demartin AT polito.it>
  • Cc: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] [Fwd: Belgian decision admitting validity of CC License]
  • Date: Tue, 2 Nov 2010 16:55:02 +0100

yes, this is good news, just 2 details and it would be perfect :
- as usual, the licence is not properly named (a CC licence 2.5) even
if the 3 conditions are explained by 3 sentences just below.
- there seems to be a confusion between using the CC licences or the
NC option and praising or promoting an a NC ethic (which is denounced
as a paradox as they are asking for more damages than the commercial
conditions offered by SABAM and which were proposed by the defendant
party.

best,
melanie

2010/11/1 J.C. DE MARTIN <demartin AT polito.it>:
> I second Paul's message: thank you, Severine, for letting us know!
>
> Best
>
> juan carlos
>
>
> Paul Keller wrote (on 01/11/10 08:30):
>>
>> dear Severine,
>> thanks for the report! this is good news (even better than the dutch case
>> which did not deal with the attribution element at all). best,
>> paul
>>
>>
>> On 28 Oct 2010, at 22:10, Severine Dusollier wrote:
>>
>>> Dear all,
>>>
>>> A Belgian court today has applied the CC license to a copyright
>>> infringement suit. I attach the judgment (in French). The facts were
>>> simple,
>>> a music band had posted on its website some music under a CC license Non
>>> commercial - No derivative works. A theater adapted the music to make an
>>> advertisement for their theatrical season. The ad was broadcasted on the
>>> national radio several times (with no attribution).
>>> The band refused the damages that the theater proposed (1500 €) and
>>> decided to sue for copyright infringement.
>>> The court  aknowledge the licensing under the CC license and the fact
>>> that the theater did not respect any of the license fetaures:
>>> - no attribution was made
>>> - the music was slightly modified for the ad
>>> - the advertisement, even for a theater was a commercial use prohibited
>>> by the license.
>>>
>>> The theater defended itself by arguing a mistake (the court said that as
>>> a professional of the cultural sector, they should pay more attention to
>>> licensing conditions) and its good faith (traditionnally not accepted in
>>> Belgian as a defense to copyright infringement).
>>> But the court denied to the band the amount of damages they rclaimed
>>> (around 10.000 €- and only granted 4500€ (i.e. 1500€ for each attribute of
>>> the license that was not respected), considering that it was paradoxical
>>> to
>>> license works under a CC license and a non-commercial ideology but
>>> demanding
>>> a price that would be higher than commercial conditions...
>>>
>>> The band first contacted me as the Belgium CC leader but I entrusted hem
>>> with one researcher working with me who is also a lawyer and helped them
>>> before the courts.
>>>
>>> If you need any more information, feel free to ask...
>>>
>>> Best regards
>>>
>>> Séverine
>>>
>>> --
>>> Professor at the University of Namur
>>> Director of the Research Center in IT and Law (CRID)
>>>
>>> Rempart de la Vierge 5  Tél: +32 81 72 47 60
>>> 5000 NAMUR      Fax: +32 81 72 52 02
>>> BELGIQUE        severine.dusollier AT fundp.ac.be
>>>
>>> The publications of Severine Dusollier are available at :
>>> http://www.fundp.ac.be/universite/personnes/page_view/01003580/publications.html
>>>
>>> http://www.crid.be
>>> <2010-10-26 Décision trib. Nivelles -
>>> Lichôdmapwa.pdf>_______________________________________________
>>> CC-Europe mailing list
>>> CC-Europe AT lists.ibiblio.org
>>> http://lists.ibiblio.org/mailman/listinfo/cc-europe
>>
>> --
>> Kennisland | Knowledgeland
>> t: +31205756720 | m: +31641374687
>> www.kennisland.nl | www.knowledgeland.org
>>
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>>
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