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

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  • From: wiki_tomos <wiki_tomos AT inter7.jp>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: Question: What does sublicense mean?
  • Date: 7 Apr 2005 04:40:37 +0900

Hi. I thought I would share my take on things, though I am not a
lawyer, nor does my opinion represent any organization's view.


1) Sublicense:

When A releases a song under CC-by and B burns it on CD and distribute it,
B is a licensee, and A is a licensor. Another person, who obtains the CD
from B, is also a potential licensee. Who is the licensor in this case for
C? It is A. That means the sublicensing does not happen, but licensing from
the original licensor (A) happens to B, C, and any other subsequent
licensee. The first licensee, B, cannot become a licensor to C. This is
the same as, as I understand, that licensee cannot sublicense the work.

Relevant clause regarding this licensing scheme is 8a & 8b where it is
stated the original licensor always gives license to others, implying
none of the licensees gives license.

2) Royalty free:

I can speculate that "royalty free" could mean in certain context "public
domain" or the likes of it, so that the users of the music (say, a
filmmaker or an instructor at a dance studio) can use songs without any
attribution, as if they are their own works. IF this is the case,
that would certainly be in conflict with the CC-by license.

But a casual search via Google led me to this page about license terms of
a royalty-free music seller. It does not seem to be even close to public
domain.

IF "royalty free" means what it literally seems to mean, that users
do not have to pay any compensation to the rightholders, then it would be
possible to include CC-by songs, along with other songs, in a CD and
offer it as "royalty free" CD. Of course, the CC-by'd songs have to be
presented in certain ways to comply with the CC-by's terms. But it would be
possible.

Those are just two of speculations I could imagine, and although I can go on
more, the fact remains that I have very little idea what royalty free could
mean in the context.

So I would say that, in any case, I think it would be nice if there is some
more explanation/ clarification of what can be done and what cannot be done
on the web site.


Best,

Tomos




----- Original Message -----
From: drew Roberts <zotz AT 100jamz.com>
To: Discussion on the Creative Commons license drafts
<cc-licenses AT lists.ibiblio.org>
Sent: Wed, 6 Apr 2005 14:58:34 -0400
Subject: Re: Question: What does sublicense mean?



>On Wednesday 06 April 2005 10:22 am, Peter Brink wrote:
>> drew Roberts skrev:
>> > "


>> > If I release a work CC BY, the people who get the work and the rights
>> > from me cannot give the work to others with those same rights? That makes
>> > no sense.
>>
>> They cannot both distribute a work under a) the same license *and* b)
>> sublicense the work under different terms.
>
>Who said under different terms? Did you look at the link? Do you know that
>the
>restriction mentioned must refer to different terms? If so, please clear
>that
>point up for the rest of us if you can.


>The site in question says you can't include a CC BY work in a "royalty-free
>music collection" ("This music may not be resold as part of a royalty-free
>music collection.")
>
>Couldn't a collection on CD of CC BY and BY-SA songs be considered a
>"royalty-free music collection?" You could make free use of them so long as
>you abided by the BY and BY-SA conditions could you not? Or does
>"royalty-free music collection" have some special legal or industry meaning
>that some of us are not aware of?
>
>all the best,
>
>drew




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