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cc-licenses - Re: License that allows private copying?

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Subject: Development of Creative Commons licenses

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  • From: Scott Johnston <johnston AT vectaport.com>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: License that allows private copying?
  • Date: Thu, 25 Mar 2004 11:38:47 -0800

Richard Cobbett wrote:

<x-tad-bigger>Scott Johnston wrote:</x-tad-bigger>
<x-tad-bigger>"An independent band might want a revenue stream from micropayments for
songs sold over the net, and at the same time want dedicated fans to be able
to e-mail the songs to their friends, to build up their fan base."

In that instance, the only conceivable way that anybody is even going to
KNOW about their music is by word of mouth recommendation, since programs
like Kazaa are spectacularly useless unless you know specifically what
you're looking for. Either you punch in a particular artist, in which case
you have to have been given the tip-off, or you ask for something like
'Jazz', at which point you get a deluge.
</x-tad-bigger>

No, all conventional forms of publicity could be used to point people toward the single public online location where they can purchase the copyrighted work. That would be augmented by word-of-mouth publicity, unhindered by copying restrictions.

<x-tad-bigger>
Not to mention the incredible bad-will that would be generated from suing a
fan who went too far with what is effectively viral marketing - the whole
point of which is to get the word out about something. What this sounds like
is going back to the other day's 'Fair Use' argument, which would ultimately
come down to "Look, can you do it legally with a book or CD? There you go
then."
</x-tad-bigger>

Personally, I wouldn't sue anyone who responded to a warning to stop publicly distributing the work.

Scott Johnston


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