Development of Creative Commons licenses

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

On Friday 01 June 2007 02:42 pm, Kevin Phillips (home) wrote:
> Hey S.
>
> You're declaring you own the thing you're uploading ie. your music, and
> granting them (Macjams.com or whoever) the right to use it in the context
> of their website.  The basis under which you agree is as stated "WORLDWIDE,
> PERPETUAL, IRREVOCABLE, ROYALTY-FREE, NON-EXCLUSIVE LICENSE TO USE, COPY,
> PUBLISH, DISPLAY, PERFORM, AND DISTRIBUTE".


Hmmmm, tricky, tricky.

This plan of course breaks down for a remix culture right? Jack makes a track 
and licenses it CC BY-NC. Jack puts his track up on ourmedia.org. Mary finds 
it and reworks it and re-records it and also used the CC BY-NC license. She 
wants to put it up on Macjams.com where her other stuff is.

Surely she has not right to give such a license to Macjams? And thus no right 
to upload it to Macjams in the first place.

Something like this must have happened to me already.

I have some stuff up at the internet archive; CC BY-SA license. Someone who 
uses Macjams found it, messed with it and made a song. He put it up on 
Macjams under a CC BY-SA license (version issues, but let's ignore that for 
the moment.)

Now, BY-SA should be enough for Macjams. If not though, surely he did not 
have 
the right to give them more?
>
> As Terry pointed out, they need to do this to ensure they have the
> flexibility to promote your music and still be able to make money.  Some of
> the CC license options will undoubtedly stop them from doing so otherwise
> (eg. any of the NC licenses).

The desire to foster a remix culture is going to lead to some interesting 
issues in the years to come.

I have begun to muse that copyright has been used as a powerful but blunt 
instrument for a long while. We do not have the refinement needed yet to make 
for smooth sailing on these new waters.
>
> To answer your question directly, your music is released under the CC
> license you selected to everyone outside of the Macjams.com website.  For
> the website you've granted additional permissions as listed in the
> agreement.  A license doesn't really "protect" your work, your lawyers do
> ;)
>
> If you're not comfortable with this then don't upload your music, if you
> need more specific legal advice then you should really ask a lawyer :)
>
> Kev

all the best,

drew
>
>
> ----- Original Message -----
> From: "s kemp" <spkemp AT panix.com>
> To: <cc-licenses AT lists.ibiblio.org>
> Sent: Friday, June 01, 2007 3:28 PM
> Subject: [cc-licenses] QUERY REPOST: Creative Commons protections
> inquestion?
>
> > I've heard nothing back on this.  Would someone PLEASE clue me in if I
> > am posting in the wrong place? THANK YOU!
> >
> > -----------------------------------------------------------------------
> >
> > I contribute musical compositions to an internet site that requires
> > agreeing to, among other Terms and Conditions, the following:
> >
> > "MATERIALS POSTED BY VISITORS
> >
> > BY POSTING, SUBMITTING, LINKING, UPLOADING OR OTHERWISE SENDING ANY
> > MATERIALS INCLUDING BUT NOT LIMITED TO IMAGES, AUDIO FILES, VIDEO FILES,
> > TEXT FILES, AND ALL WORKS OF AUTHORSHIP ("CONTRIBUTIONS") TO US OR TO
> > THE ****** WEB SITE, YOU WARRANT THAT YOU OWN ALL NECESSARY RIGHTS (OR
> > WARRANT THAT THE OWNER OF SUCH RIGHTS HAS EXPRESSLY GRANTED SUCH RIGHTS
> > TO YOU OR TO ******) TO POST, SUBMIT, LINK, UPLOAD, OR OTHERWISE SEND
> > ANY SUCH MATERIAL AND YOU ALSO GRANT TO ****** AND ITS AFFILIATES A
> > WORLDWIDE, PERPETUAL, IRREVOCABLE, ROYALTY-FREE, NON-EXCLUSIVE LICENSE
> > TO USE, COPY, PUBLISH, DISPLAY, PERFORM, AND DISTRIBUTE SUCH
> > CONTRIBUTION ON THE ****** WEBSITE OR ANY MUSIC RELATED WEBSITE OWNED BY
> > ****** OR ITS PARENT OR AFFILIATED COMPANIES."
> >
> > After agreeing to this and subsequently uploading a song, a set of
> > Creative Commons licenses is presented in a pick list of options for
> > Creative Commons licensing (attribution, commercial use and so on)
> >
> > My question is:
> >
> > "Do the Creative Commons licenses actually protect my work after having
> > agreed to the Terms and Conditions clause above?"
> >
> > Thank you.
> >
> > S. Kemp
> >
> >
> > _______________________________________________
> > cc-licenses mailing list
> > cc-licenses AT lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
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-- 
(da idea man)