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  • From: "J.B. Nicholson-Owens" <jbn AT>
  • To: Creative Commons license mailing lists <cc-licenses AT>
  • Subject: [cc-licenses] Pearl Jam trying to limit the time the license applies?
  • Date: Mon, 22 May 2006 23:32:02 -0500

Pearl Jam is a rock band which has recently released a video under a CC license (by-nc-nd version 2.5).

The video is on Google Video ( and currently carries the text:

"Free until 5/24/2006."

Nowhere in the text on Google does it specify what will happen on May 24, 2006. I think it's reasonable to assume that the video will not enter the Public Domain. Yet the license they've chosen says:

"3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:"

followed by the reproduction and distribution rights.

If the license is "perpetual (for the duration of the applicable copyright)" what will happen on May 24, 2006?

Furthermore, section 8d of the applicable CC license says that:

"This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You."

So, by my reading, Pearl Jam's attempt to place a new restriction on the license is meaningless.

At first blush, it appears that either something is really wrong with Pearl Jam's licensing here, or I'm horribly misreading something. I don't think Pearl Jam realizes that they are licensing something to us all under terms that will not expire on May 24, 2006 (unless they choose to place the work into the Public Domain), contrary to their wishes.

Any idea what's really going on here?

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