Development of Creative Commons licenses

[Stephen Woodward <deadpaperplate AT mac.com>]

You are right, now that I think about it my questions are a bit off.  
I'm not looking for professional advice though, only opinion, and will 
respect anyone's views and concerns.  I guess I was just trying to 
throw out for discussion, the idea of: what if the root of the creation 
is physical, and that interferes with the cc licensing of its digital 
version, through changing owner's hands.

Thanks for your input, Sal

-steve

On Mar 27, 2004, at 12:42 AM, Sal Randolph wrote:

> I'm definitely not a lawyer, so take this with a giant grain of salt.
>
> It's my understanding that in the case of something like a painting, 
> it's the artist who retains the reproduction rights when the painting 
> is sold (unless, I suppose, specific arrangements such as licensing 
> are made).
>
> I know there are a number of books specifically written to give basic 
> legal advice to visual artists, so you might start by picking one up.  
> And also, many areas have some kind of group like New York's Volunteer 
> Lawyer's for the Arts, where lawyers can provide you with some free 
> consultation one-on-one and in group seminars.
>
> In general, though, this list isn't really intended be a forum for 
> legal advice, professionally competent or otherwise.  I'm wondering if 
> it might be time for CC or someone to set up a public user forum for 
> these kinds of questions, which do come up pretty often.
>
> -- Sal
>
>
> On Mar 27, 2004, at 12:04 AM, Stephen Woodward wrote:
>
> > I will probably be best served consulting a lawyer on this, but 
> > thought I would run by everyone out there.
> > I think the big question I am looking for the answer to is;  If I 
> > create a physical painting, its my creation, and copyright me.  If I 
> > sell it to someone, does the copyright transfer to the new owner?
> > The reason I am asking is I would like to license high resolution 
> > digital pictures of my paintings under a cc license.  Attrib and 
> > non-commercial, possibly share alike, but am not sure just yet.  So 
> > that the digital form of these paintings can be freely shared.  But, 
> > lets say one day someone buys one of these paintings from me.  If the 
> > copyright transfers to the new owner, then what is to stop them from 
> > going sue happy trying to stop all those digital copies out there?  
> > Completely undermining what I intended.  Naturaly if I retain the 
> > copyright to the sold item, then there wouldn't be a problem, which 
> > brought me to my original question.  Or is a photo (digital or 
> > otherwise) of a physical work, not even considered a copy of the 
> > original physical work?  even if its done well enough to look scanned 
> > in, or appear originaly digital?  I would guess not if Fox can demand 
> > $10k for a shot of The Simpsons in the background of a documentary.
> >
> > Thanks in advance for any advice, and if any of my questions do not 
> > belong on this list I apologize ahead of time.
> >
> > -steve
> >
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>
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