Development of Creative Commons licenses

["Branko Collin" <collin AT xs4all.nl>]

On 29 Nov 2004, at 10:55, Nicholas Bergson-Shilcock wrote:

> I'm sure this question has already been asked and answered, but I
> haven't yet found it in your archives. I would appreciate any guidance
> you can offer on this topic.
> 
> What happens when somebody wants to attach a CC license to a
> documentary film that includes "fair use" snippets of copyrighted
> work? The documentary in question includes both slightly longer
> segments (which, although almost certainly fair use, the documentary
> maker paid for) and short pieces that are assumed to be such a small
> percentage of the original work that it is fair use to include them in
> the documentary.
> 
> I know how subjective fair use decisions are, so I fear that I already
> know the answer, but: Is it permissible to use a CC license in this
> context?

(IANAL, and know little of US law)

AFAIK, fair use is a legal defense, not a right. So it would seem 
that it cannot collide with copyrights and licenses.

Although in principle the idea of identifying bits 'owned' by others 
on the credit role seems sensible, there are two arguments that may 
speak against it.

One is that, since fair use is a defense after the fact of 
infringement, mentioning fairly used bits in the film is an admission 
of infringement. Somehow, that doesn't seem wise.

The second is that a list might convey the suggestion that the list 
is exhaustive. In a documentary, that is hardly going to be the case. 
Every piece of clothing, every building, every painting wall that the 
eye of the camera quickly passes by may be copyrighted. 

In the end, it is up the user of your work to know the law. Would it 
be reasonable to expect a documentary in which not a single 
copyrighted item appears? 

-- 
branko collin
collin AT xs4all.nl