Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Wednesday 11 April 2007 09:50 pm, jonathon wrote:
> Terry Hancock wrote:
> >> Then there seem to be location release forms, model release forms for
> >> animals.
> >
> > Aaurrgh, really!?
>
> Yes.
> If you make a movie, you probably need one release form for every object
> (both animate, and inanimate) in the movie.

So, just as a for instance, let's say you see a BY photo with a person in it. 
Should you feel safe to use it per the BY license, or do you need to see the 
model release forms as well to feel safe?

If your answer is you shoud feel safe, should the CC licenses have some 
distinction between advertising and endorsement?

If you answer is you need to see the release forms, should the license have 
some warning language as to other rights that can block you / get you in 
trouble?
>
> > Is there any legal reason to need such?
>
> Intellectual Property Rights law.
>
> > couldn't sue somebody for taking a photo of your premises. If so, is
>
> You can. The issue is whether or not the suit would be winnable.
>
> > at least a general "if it's public-access it's free to photograph" rule?
>
> There are five major types of property:
> * Public Property;
> * Public Access Property;
> * Private Access Property;
> * Private Property;
> * Restricted Access Property;
>
> The only one in which a photograph can be taken, without the consent of
> anybody is "public property"
>
> For all other types of property, the permission of the landlord, and/or
> tenant is required.

Well, if I remember properly, I have read that if you shoot from public 
property, you don't need release forms for at least as far down as Private 
Property on your list when it comes to property. (It may need to be obvious 
that you shot from public property.)

Does anyone know of conflicting information?
>
> > One can imagine a lot of "chilling effects" and "free speech violation"
> >  if a company could use such a "premise right" to prevent news photos
> > being taken of their property.
>
> That has happened.  This is a balance between "the public right to know"
> and "the right to privacy".
>
> >> In video there are also cameraman release forms as the person running
> >> the camera is sometimes not the one who ends up with the copyright to
> >> the video.
> >
> > That's just going to be a standard "work-for-hire" form, though, right?
>
> Each position has its own set of release forms.
>
> xan
>
> jonathon

all the best,

drew
-- 
(da idea man)