Development of Creative Commons licenses

[jonathon <jblake AT eskimo.com>]

drew Roberts wrote:

> 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?

For a movie, or video, I'd insist upon a model release form.

If I was using a CC licenced photograph instead of a stock photograph, 
in only a few instances would I insist upon a model release:
* For an advertisement;
* Where it appears as if the person endorsed a product, or position;
* If the subject matter of the work was "controversial". [Whilst 
"controversial" is a vague term, one useful function of Wikipedia is to 
show where/what people can dispute/find controversial. If there has been 
an edit war on wikipedia, somebody thinks it is controversial.]

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

To be perfectly safe, a model release should be obtained inall 
instances.  The main reason I insist on one in all cases described 
above, is because they are the most likely to result in a lawsuit.

> 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 

No.
a) Adding warning statements about other rights will confuse everybody.
b) It is not the function of CC licences toprovide a crash course in 
Intellectual Property Rights law.

> > There are five major types of property:
> > * Public Property;
> > * Public Access Property;
> > * Private Access Property;
> > * Private Property;
> > * Restricted Access Property;

> 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 

a) This depends upon the country one is in.
Personally, I prefer to err on the side of caution.

b) It isn't always obvious what type of property one is looking at.
[I remember one beach that was "restricted access" that had nothing more 
than a rusty barbed wire fence with a handwritten note saying "keep out, 
no trespassing" in the local language. Along both the _Appalachian 
Trail_ and _Pacific Crest Trail_ in the US are hundreds of signs that 
say "no trespassing" which are either "private access property", or (in 
very rare instances), "public access property".]

xan

jonathon