Development of Creative Commons licenses

[Chris Morris <chrismo AT clabs.org>]

David Dixon wrote:

>   - Can we legally do this, considering that the material Beatallica 
> uses is copyrighted?  There are no samples (except for a little one in 
> "Leper Madonna"...); the music is performed, but the melodic and 
> lyrical references are pretty obvious.

Well, every CC license has this in it:

   *5. Representations, Warranties and Disclaimer*

      1. By offering the Work for public release under this License,
         Licensor represents and warrants that, to the best of
         Licensor's knowledge after reasonable inquiry:
            1. Licensor has secured all rights in the Work necessary to
               grant the license rights hereunder and to permit the
               lawful exercise of the rights granted hereunder without
               You having any obligation to pay any royalties,
               compulsory license fees, residuals or any other payments;
            2. The Work does not infringe the copyright, trademark,
               publicity rights, common law rights or any other right
               of any third party or constitute defamation, invasion of
               privacy or other tortious injury to any third party.

You would have to agree to that warranty (plus the rest of the license, 
of course).

--
Chris
http://clabs.org/blogki