Development of Creative Commons licenses

[Stephen Woodward <deadpaperplate AT mac.com>]

That was where my thinking was going.  I appreciate all the input.  Of 
course I will consult a lawyer to be certain on all counts.  I think 
the work for hire bit was the one thing I was missing that puts a bit 
more light on the subject for me, in reguards to how the rights to 
distribute one of my creations can either be taken away, or not even be 
there to begin with.  10 years ago I wouldn't have even though about 
how the law would affect my creativity.  but nowadays, you have to look 
over your shoulder constantly.  My nightmare would be someone else 
telling the world that they can't distribute my works the way I 
intended.

Thanks to all.

-steve

On Mar 28, 2004, at 9:17 AM, Greg London wrote:

> Stephen Woodward said:
> >  what if the root of the creation is physical,
> > and that interferes with the cc licensing of its digital
> > version,
>
> IANAL
>
> any artistic expression
> (be it words, pictures, painting, photo, music, video)
> put into any fixed form
> (be it paper, parchment, oil, canvas, CompactDisc, harddrive)
>
> satisfies the requirement to grant you copyright to that expression.
>
> You then have the exclusive rights to copy, distribute, and
> derive that >expression<. The copyright is tied to the
> specific expression, not the specific physical instance.
>
> So, when you buy a paperback at the bookstore,
> the copyright stays with the author.
> you simply get a physical form of the artistic expression.
> just because you bought the book doesn't mean
> you can now make copies and sell it to other people.
>
> So, when you put oil paint on canvas, you own the copyright
> to that expression. The canvas becomes an instance of that
> expression, and if you sell the canvas to someone, you still
> hold the copyright to the expression. You can create
> another oil/canvas version of the painting, you can
> scan it at high res and sell digital copies of it.
> You can create a derived version of the image, modifying
> and extending the artistic expression from the original
> image.
>
> The only gotcha to this is to make sure it is not
> a work-for-hire. If someone commissions you to
> create the oil painting, then they may have claim
> to the copyright of the work, and you may not be
> able to copy, distribute, or create derived versions
> of the original.
>
> If you create the work on your own, then you're OK.
>
> If someone says "I'll pay you to paint an image of <blank>"
> then they may claim copyright to teh work and you wont
> be able to license it CC or whatever.
>
> I think that answers your question.
>
>
>
>
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