Skip to Content.
Sympa Menu

cc-licenses - Re: [cc-licenses] cc-licenses Digest, Vol 41, Issue 19

cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • From: rob AT robmyers.org
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] cc-licenses Digest, Vol 41, Issue 19
  • Date: Tue, 15 Aug 2006 11:57:40 +0100

Quoting Jessica Coates <j2.coates AT qut.edu.au>:

- re the suggestion that 'fair use' could be used to allow ordinary use
without changing the DRM clause - this only works in the US, with its open
ended fair use clause (or other countries with an open private use or
equivalent exception - which a lot of countries don't have).

This is a good point. So the license would have to explicitly allow adding DRM
to enable people in these countries to do so.

For example,
current Australian law, with its limited fair dealing provisions, doesn't
allow people to copy music they own onto their ipods unless it's for
research and study etc (don't worry we're fixing it).

We don't have an explicit Fair Dealing right in the UK but an industry
representative made a statement saying it's OK. If we view DRM as just another
kind of file format or codec, we can add DRM when we're ripping. But if adding
DRM is a special case in law, we might not be able to.

Besides, I thought
that the DMCA TPM provisions trumped fair use?

They do, but they cover the *removal* of DRM, not the *addition* of DRM. So you
could add DRM under Fair Use, which would then remove your fair use rights.

- re the 'adaptation' debate - this term definitely has a clear legal
definition in Australia, which probably wouldn't include all the uses
intended to be covered by the CC licences. I'd say there's a real risk that
using this word would import a whole lot of legal baggage into the
interpretation in many countries - I don't think we could use it in our
jurisdiction licence. That being said, it might be difficult to come up with
a clear, simple term that doesn't have the same effect somewhere.

Rather than refer to "derivatives" or "adaptations", the GPL 3 draft uses the
following generic definitions:

``A "modified" work includes, without limitation, versions in which material has
been translated or added. A work "based on" another work means any modified
version, formation of which requires permission under applicable copyright
law.''

http://gplv3.fsf.org/gpl-draft-2006-07-27.html

- Rob.





Archive powered by MHonArc 2.6.24.

Top of Page