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cc-licenses - Re: Question: What does sublicense mean?

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Subject: Development of Creative Commons licenses

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  • From: drew Roberts <zotz AT 100jamz.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Question: What does sublicense mean?
  • Date: Wed, 6 Apr 2005 08:46:01 -0400

On Wednesday 06 April 2005 08:28 am, Rob Myers wrote:
> On Wednesday, April 06, 2005, at 01:23PM, drew Roberts <zotz AT 100jamz.com>
> wrote>
>
> >Would it restrict what is trying to be restricted on the page in question?
> >
> >http://www.incompetech.com/music/collections/royalty-free/rock.html
> >
> >"This music may not be resold as part of a royalty-free music collection."
> >
> >I don't understand why that would be restricted as long as the CC BY terms
> >were followed.
>
> Erk. They can't do that. The license is the entire offer, you can't add
> additional terms outside the license.
>
> By-2.0 8e:
>
> "This License constitutes the entire agreement between the parties with
> respect to the Work licensed here. There are no understandings, agreements
> or representations with respect to the Work not specified here. Licensor
> shall not be bound by any additional provisions that may appear in any
> communication from You. This License may not be modified without the mutual
> written agreement of the Licensor and You. "
>
> - Rob.

That is how I saw things and wrote him a nice heads up to alert him to a
possible problem. He seems to think the sublicense clause will cover the
situation.

Perhaps it will if "royalty-free collection" has some special meaning in the
industry (I am trying to find that out as well) but just for plain english, I
could put together a collection of CC BY and BY-SA works and sell them and,
so long as the buyers used them in keeping with the licenses, I don't see the
legal problem.

So again, I gather he thinks he is clarifying the license. I am not yet sure.
I think that, unless there is some accepted industry standard as to what
rights a "royalty-free collection" must come with, this could be additional
agreements which are outside the license and thus have no validity.

all the best,

drew




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