Development of Creative Commons licenses

[Evan Prodromou <evan AT bad.dynu.ca>]

On Fri, 2005-21-10 at 03:35 +0200, Hannes wrote:
> I see what you mean. If that really is the case, it sounds to me that 
> this is an area bound to cause problems and misunderstanding for people 
> using SA licenses.
The difference between a Collective Work relationship and a Derivative Work relationship is clear in most instances but tricky in many situations. This is one of them, which is why it's explicitly called out in the license text.
> I think most musicians who release their work under a 
> BY-SA license is under the impression that their work can easily be used 
> in movies.
I'm not sure if that's the case, but I think that by-sa music is easy to use in movies. The resulting movie needs to be by-sa licensed, though.
> I have always seen a movie as a collective work - a 
> compilation of video- and audio clips that are all separate works that 
> can have different licenses.
I think there are very few exceptional movies that are like that. Most movies I've seen tell a story or give information that hangs together as a cohesive whole. I think it would be hard to justify the idea that sets, music, lighting, direction, acting, props, script aren't all used to form a cohesive single Work.

There are movies like that, of course -- bits and pieces strung together or juxtaposed. I'm thinking of, say, Atomic Cafe or Four Rooms. But I think it would be hard to argue that two scenes in a movie are more like two paintings in the same gallery, or two photos in the same magazine, than like two chapters in a book or two movements in a symphony.
> Why should movies be treated differently 
> than, say, playing music in the background of a website?
Indeed. Why do you think that music playing in the background of a Website isn't an integral part of that Website?
> I never thought 
> that Creative Commons would complicate the sharing of your work without 
> good reasons, and without at least making it clear to the licensor.
Don't you think that licensors have an obligation to find this stuff out?

~Evan