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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: Rob Myers <robmyers AT mac.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Question: What does sublicense mean?
  • Date: Wed, 06 Apr 2005 13:53:57 +0100

On Wednesday, April 06, 2005, at 01:41PM, drew Roberts <zotz AT 100jamz.com>
wrote:

>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.

As with the Groklaw disclaimer, if it's a clarification it needs to be
phrased as such, not made to look like an additional condition.

If the licensor wants to stop the work being used in a """royalty free"""
collection, this would presumably be handled both by the no sublicensing
clause and by 8e, which wouldn't allow addition of the usual """royalty
free""" restrictions. The no-DRM clause might come into effect as well.
IANAL, though.

So something like: "Note that since this Creative Commons license does not
allow sublicensing or the addition of extra licenseing conditions, this work
may not be included as part of a licensed 'royalty free' artwork collection".

Maybe, IANAL, etc.

- Rob.




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