Development of Creative Commons licenses

[Stefan Tiedje <Stefan-Tiedje AT addcom.de>]

Just some thoughts from a creator who wants to use cc or FAL:

If I am the original creator, I could now easily just give the users of 
my work the choice to use either of the two licenses, just take what 
fits better. A contributor could then distribute two identical versions 
which only differ in the license. So there is no need to make them 
compatible, they are already, if the copyright owner wants that. If the 
copyright owner doesn't, the difference between the two has to be kept!

On the other hand the two licenses are close enough to just be accepted 
as they are, for derivative works. If I would want to modify a FAL 
licensed work, it would not be a problem for me to just use that license 
again, it would not prevent me from creating a derivative work.

Another story is the usage within for example the Wikipedia. If they 
require a work to be cc, then its more appropriate to make them change 
their policy to accept FAL works as well.
The FSF is using that method succesfully, by defining and proofing a 
license to be free software or not.

Isabelle Vodjdani wrote:
> - The FAL recognises a distinction between the original and the copy. 
> With respect to the moral right, and the requirement for the 
> availability of the original work (source) for other uses, only the 
> copies of a work are allowed to be modified.

I think this distinction between original and copy is not that 
important, as the original usually is well protected by national laws. 
If you go to an exhibition, its obvious that you are not alowed to paint 
over a picture and modify an original. The license we talk about do not 
cover that aspect at all, we only need them for distribution of copies. 
Any original will usually stay with the creator or will be subject to 
individual contracts. No need to cover any aspects of originals.
I think the distinction of the FAL is kind of obsolete, as originals are 
covered elsewise anyway.

Another question I have regarding France: Is the FAL compatible with a 
membership with SACEM? As cc licenses are not compatible with membership 
of the Gema, I'd like to know about the situation in France.

Stefan


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        Stefan Tiedje
        Klanggestalter
    Electronic Composition
              &
        Improvisation

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