Development of Creative Commons licenses

[Peter Brink <peter.brink AT brinkdata.se>]

drew Roberts skrev:
> 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 point with the restriction on sublicenses is to make clear that only 
those parties who either publish original works or derivative works are 
allowed to issue a license.

If Alice publishes a poem under a CC license and Bernie distributes 
copies of said poem on his website, then Claire -who downloads the poem 
from Bernie's website, and translates Alice's poem to French and later 
on publishes the translation (a derivative work) on her website - has no 
contractual obligations to Bernie. Claire's licensor is Alice. Bernie is 
not allowed to issue a sublicense for Alice's poem. If Bernie later 
publishes Claire's poem as well as Alice's he has two license 
agreements, one with Alice and one with Claire. The reason why: Claire 
has published a derivative work.


> 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?

A creator of a work may of course offer you to use his work under any 
terms he wishes, but then he may not use the name Creative Commons or 
use the CC logo.

IMHO Royalty Free Music is adding a term to the license when they 
stipulate that the music "may not be resold as a part of a royalty-free 
music collection", and as long as they are the original copyright 
holders of the music the offer, they are free to do so - but then they 
may not use the CC logo or claim to be using a CC license.


/Peter Brink