Development of Creative Commons licenses

["Sincaglia, Nicolas" <nsincaglia AT musicnow.com>]

I am going to disagree with this answer. I don't think podcasting
necessarily falls under public performance rules. It has been discussed
before on this list that podcasting can be viewed in one of two ways,
either a time shifted broadcast or a unique sound recording. It probably
is both. Since it has not been defined legally, I don't think the
original question of "Is it legal?" can be answered directly. Rather
than answer this question, let me give you a scenario in which someone
might get upset by your poetry podcasting. 

Let's say that Audible.com cuts a deal with the publisher of the poetry
you want to podcast. They negotiate an exclusive deal to create and sell
an audio book of poetry in which William Shatner will read the works of
several poets. Audible or the publishing company then discover your
podcast. You can probably imagine that one of these companies may be
upset to know that you are recording and digitally distributing the
works that they have already negotiated an exclusive distribution deal
for.

Now if you are streaming these poetry readings on the internet, then I
think you might be alright.



-----Original Message-----
From: cc-licenses-bounces AT lists.ibiblio.org
[mailto:cc-licenses-bounces AT lists.ibiblio.org] On Behalf Of J.B.
Nicholson-Owens
Sent: Monday, August 08, 2005 7:00 PM
To: Discussion on the Creative Commons license drafts
Subject: Re: [cc-licenses] Podcasting readings of poetical works?
LegalIssues?

Umang Kumar wrote:
> If I decide to podcast readings of poetry or literary passages from
> works of famous writers [not mine, from works/books I own], is that
> legal? It is not a reproduction or an electronic distribution...

I think that would be a public performance of the poem which is one of
the 
activities regulated by copyright law in many countries.  Thus, I think
that the 
question should focus on how the poetry is licensed -- is it licensed so
that 
you can publicly perform the work?  Or is the poetry is in the public
domain? 
If the poetry is licensed so that you can publicly perform it, or if the
poetry 
is in the public domain you will not be committing copyright
infringement.

Buying a copy of a book of poetry usually does not give you the license
you need 
to perform the work publicly or make a derivative work based on the
poem. 
CC-licensed books of poetry would be an obvious exception.
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