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Subject: Development of Creative Commons licenses

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  • From: creativecommons <jl AT creativecommons.pl>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: CC licenses legal advice for publishers needed
  • Date: Mon, 13 Jun 2005 22:43:01 +0200

Melanie Dulong de Rosnay wrote:

We are also constantly contacted by publishers or project leaders to valid
or draft contracts complementary to CC licences.
It is difficult to explain that we can neither give legal advice nor provide
the full value chain tools

That's not surprising: saying "here is a tool, but we are not going to tell you how to use it" is simply BAD. In our world boundaries beetween author and publisher are blurred. I post your art on my website, you do the same. That however may lead to numerous legal problems, and i think we in CC have to deal with it if we want to succeed.

We were also thinking about providing a template or FAQ for side-contracts,
so that website owners who are not lawyers can draft themselves plain text
copyright licenses to have the authorization to publish author's works under
CC.

That's exactly what is needed. I even wrote down such a simple, one page license (in polish), but i'm not a lawyer, so i cannot evaluate it.

providing a template may
lead to even more questions...

I was publisher of cultural magazine for several years (not anymore, but i was). Now i think, that during all that years there were only few situations i couldn't use any non-NC (look down for explanation) CC license.
And there were only two kinds of agreements with authors: i ask someone to create something and i pay him (so we sign an agreement). Or someone want's his content to be published and i don't pay him (and we don't sign anything, what is unacceptable in this case).

That gives us finite number of different agreements which will not vary that much beetween (i arranged that in form of a web form for publishers :-):

| i pay u | i don't pay you
------+-------------+-------------------
BY-SA |download me! | download me!
------+-------------+-------------------
BY-ND |download me! | download me!
------+-------------+-------------------
BY |download me! | download me! ------+-------------+-------------------

In Polish law you probably cannot pay for creating content in terms of service, so you need different agreements. I'm not a lawyer, so maybe i'm wrong; that also must not be true in other jurisidctions. Maybe just a simple "i, an author, agree that my works will be published under this-and-this CC license" with some glitches will work in most cases.

About your first thoughts: I do not understand why publishers should not use
NC

Beacuse with NC you can't sell your printed magazine, even for nominal fee. Don't try to incorporate NC text or music into your play - if people attending are paying for tickets, it's illegal. And probably you can't even post a banner on your website to cover bandwith costs if you host NC content - can you? NC is a forbidding, not permitting license: it says you can't use NC content in any way unless you agree to cover _all_ cost of spreading it. And that excludes pretty much all publishers in this world.

Maybe 3 or 4 use cases could be easily defined.

Most publishers simply want to make sure they have rights to publish something. Usually they don't care about others publishing the same: first on the market wins. Or others reusing content. If they care they will not use CC license anyway. And all what _ours_ publishers need is just a piece of paper to show in a court in case of some disagreement with author.

Can we include this in Harvard agenda discussion?

Of course, but please explain what is this Harvard agenda?
greeetings
(and thank you for your insight)
Jaroslaw Lipszyc



-----Message d'origine-----
De : cc-licenses-bounces AT lists.ibiblio.org
[mailto:cc-licenses-bounces AT lists.ibiblio.org]De la part de rekrutacja
Envoyé : vendredi 10 juin 2005 15:41
À : Discussion on the Creative Commons license drafts
Objet : CC licenses legal advice for publishers needed


Hi all
I'm part of Creatice Commons Poland, which started a month ago. Right
now we got a strange situation: we didn't have media campaign (yet), so
there is not so many artist interested in publishing under Creative
Commons licenses, but we are lobbiyng a lot, so there are several
publishers from cultural, political and other magazines intersted in
adopting CC-licenses model.
This leads to problems: in order to publish a work under CC license in
their magazines publishers need authors approval. Written and signed,
beacuase publishers don't want to get into future legal problems.
So all of them asked CC about such an approval form.
We got fierce discussion on polish cc list about it, but couldn't reach
agreement what kind of contract/st atement/license is needed in such a
case. Situation is unique, because usually author is a publisher itself,
so he just attaches CC-license info. But there author is not a publisher
of his work, and it's a publisher who want's to publish it under CC
license.
My idea is that we should try to create some kind of legal FAQ for
publishers and standarized forms they can use. Benefits of such service
are quite obvious, i think.
First thoughts: we should make clear that publishers cannot use NC
licenses, and also differantate cases where author just allows
publishers to use his work under CC license from cases where publishers
pays an author to write somehing what will be published under CC license
Please, share your opinions and ideas.
Jaroslaw Lipszyc



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