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cc-licenses - Re: Fan-derivative works under Creative Commons?

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Subject: Development of Creative Commons licenses

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  • From: "Branko Collin" <collin AT xs4all.nl>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Fan-derivative works under Creative Commons?
  • Date: Wed, 20 Oct 2004 14:22:08 +0200

On 20 Oct 2004, at 2:37, DOKool AT aol.com wrote:

> So, I suppose the big question is, can our vids be protected in any
> way under Creative Commons? It's a tricky ethical issue to navigate,
> but I'd like to know what the general feeling is on the issue.

Not having read the rest of your message, my eye was hooked by this
paragraph. Works are not protected by copyright; they are damaged by
it. I firmly believe that information wants to be free. Free to be
distributed, mashed up, ripped, mixed and burned.

What copyright protects, is the author.

Also, you mentioned video theft. I think what you mean is
infringement. The reason lawyers came up with distinct terms, is
because they refer to distinct things.

The reason it is important to use the right term, is because you
otherwise polute the debate. You get both parties involved stuck in
trenches, calling each other names. And I got the impression from
your mail (and from the very fact that you asked your question here
in the first place) that you want to steer away from that, that you
want arguments to stand for themselves, without needing to resort to
name calling.

By now I have read your question. (IANAL, BTW.) You write: "purchase
existing source (both footage and music)". Do you mean these people
acquire a license, or buy the rights? If the former, a license to do
what? It almost sounds as if in a pool of copyright infringers,
everybody is calling each other copyright infringer.

> The problem is that AMVs, and derivative fan-works in general,
> fall under many questions of ownership.

I am not sure what you mean by "questions". Those who created, own;
unless they sold their rights. There is no grey area here. If the
makers of the AMVs did not secure rights with all that came before
them, and did not buy the rights, they may very well be infringing on
other persons' copyrights. (Unless these anime works are in the
public domain--doubtful--, or the works already were distributed with
a license that permits derivatives.)

Although you could distribute these derivatives under a CC license, I
doubt that license would be very valuable; it would probably (again,
depending under which rights the originals were distributed) only
apply to the added material, and perhaps not even that.


--
branko collin
collin AT xs4all.nl




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