Development of Creative Commons licenses

[Thomas Uwe Gruettmueller <sloyment AT gmx.net>]

Hi                                              (IANAL TINLA)

On Samstag 29 November 2003 00:54, Evan Prodromou wrote:

> The following are a starting point. I'm not a lawyer, and I
> don't know if these are correct,

Me neither.

> but maybe they'd be good to
> start adding. These lists aren't exhaustive, and of course we
> hope downstream users and collaborators think of cool and
> interesting ways to use CC-licensed content.

I have the German Authors Rights Law (the Copyright equivalent) 
in front of me (the 1998 version, so not really up to date). 

So, here is another list:

WORK TYPES

| §2 Protected works
|
| 1. The protected works of literature, science and arts include:
| 
|   1. language works, such as written works, speeches and
|      computer programs;
|   2. works of music;
|   3. pantomime works and works of dance arts;
|   4. works of the depicting arts, including architectural
|      works, works of the applied arts (?) as well as drafts
|      thereof;
|   5. Photographic works, including works that are created
|      similarily;
|   6. Film works, including works that are created similarily;
|   7. Graphics of scientifical or technical kind, such as
|      drawings, construction papers, maps, sketches, tables, and
|      plastics.
|
| 2. Works in the meaning of this law are only personal,
|    intellectual creations.

There are also 'database works' and 'collection works' (s. §4), 
i.e. mere aggregation can form a 'work'!

Further, there are certain things that do not count as 'work', 
which are however protected quite similarily (but partially in 
lesser form, e.g. with shorter protection times):

 * Scientific editions of unprotected works (s. §70)
 * Photos (that do not qualify as 'photographic work') (s. §72)
 * The show of a performing artist (s. §73)
 * Audio recordings (s. §85)
 * Broadcasted shows (s. §87)
 * Databases (that do not qualify as 'database work') (§87)
 * Films (that do not qualify as 'film work') (s. §95)
 
IMHO, a free content license should be designed to be applicable 
to all these work types.

- - - - - 

THINGS THAT NEED PERMISSION FROM THE RIGHTS HOLDER:

| 3. Usage Rights
|
| §15 Overview
|
| 1. The creator has the exclusive right to use his work in
|    corporal form; this right includes
|
|   1. the right to copy [the work] (§16), [1]
|   2. the right to distribute [the work] (§17),
|   3. the right to display [the work] (§18).
|
| 2. The creator has also the exclusive right to present his work
|    to the public (right of public presentation) in incorporal
|    form; this right includes
|
|   1. the right to recite, perform or show [the work] (§19),
|   2. the right to broadcast [the work] (§20),
|   3. the right to make [the work] perceptible [in public],
|      using an audio or video recording (§21),
|   4. the right to make [the work] perceptible [in public] from
|      a transmission (§22),

[1] To 'copy' can also mean to 'record' here.

| §23 Modifications
|
| Modifications of the work can only be published or otherwise
| used with the permission of the creator. If the work is
| supposed to be filmed, or if plans or drafts of a work of the
| depicting arts are supposed to be executed, or [...] then even
| the creation of the modified version requires permission.

All of these actions should IMHO be covered by a free content 
license.

 - - - - - 

> But they give an
> idea to people.
>
> ---8<---
>
> MUSIC AND OTHER AUDIO

You only pick three areas from the huge list. What can be done 
with a coreography, a statue, a building... The list is endless. 

> OK for all licenses (but commercial use restrictions may
> apply):

It should be OK, but some rights seem to have been forgotten.

>   [1] -Listening at home
>   [2] -Saving to a personal music player (e.g. IPod)
>   [4] -Playing in public
>   [2] -Linking from another Web location
>   [2] -Copying to another Web location
>   [2] -Burning to a CD
>   [4] -Playing on Internet radio
>   [3] -Playing on regular radio
>   [2] -Sharing on a peer-to-peer network

[1] does not require a license
[2] covered by CC licenses
[3] not yet covered by CC licenses
[4] partially

Other things one might want to do with music:

 * modifying
 * distributing CDs
 * performing (i.e. play an instrument, sing, dance)
 * playing from a recording
 * creating a recording (e.g. on a concert)
 * extracting the lyrics or melody
 * creating a coreography
 * including in a movie
 * including in a collection
 ...

> PHOTOS AND OTHER IMAGES
>
> OK for all licenses (but commercial use restrictions may
> apply):
>   [1] -Viewing at home
>   [2] -Printing on a computer printer
>   [2] -Making a photo-quality print
>   [3] -Displaying in public
>   [1] -Linking from another Web location
>   [2] -Copying to another Web location
>   [2] -Sharing on a peer-to-peer network

[1] does not require a license
[2] covered by CC licenses
[3] not yet covered by CC licenses

Other things one might want to do with photos:

 * modifying
 * distributing in tangible form
 * broadcasting (e.g. as still image)
 * reusing in books, films, collages etc.
 * including in a collection
 ...

> MOVIES AND OTHER VIDEO
>
> OK for all licenses (but commercial use restrictions may
> apply): -Viewing at home
>  [3]  -Projecting in a movie theater or other public place
>  [1]  -Linking from another Web location
>  [2]  -Copying to another Web location
>  [2]  -Sharing on a peer-to-peer network
>  [4]  -Playing on Internet streaming video
>  [3]  -Playing on regular TV
>  [3]  -VJ for clubs and raves
>  [2]  -Burning to a CD
>  [2]  -Burning to a DVD

Other ideas:

 * modifying
 * distributing tangible media
 * playing a recording in public
 * creating a recording (e.g. in a cinema)
 * extracting the music
 * reusing in another movie
 * including in a collection
 ...

> TEXT
>
> OK for all licenses (but commercial use restrictions may
> apply):
>  [1]  -Viewing at home
>  [1/2?]  -Saving to read later
>  [1/2?]  -Printing to read later
>  [2]  -Photocopying in entirety
>  [2]  -Copying to another Web location
>  [2]  -Linking from another Web location
>  [2]  -Emailing to a friend
>  [2]  -Emailing to a mailing list
>  [2]  -Printing as a book
>  [3]  -Reading aloud in public
>  [3]  -Reading aloud on the radio
>  [3]  -Reading aloud on TV
>  [3]  -Performing in public

Are you talking about a theatre play here?

>  [2]  -Burning to a CD
>  [1]  -Using text-to-speech software to read aloud
>  [2]  -Sharing on a peer-to-peer network

(I don't really care about the distinction between 'Collective 
Work' and 'Derivative Work'. It seems to be only important when 
it comes to license incompatibility.)

cu,
Thomas }:o{#
-- - http://217.160.174.154/~sloyment/ - --
"Look! They have different music on the dance floor..."