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Subject: Development of Creative Commons licenses

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  • From: Liz Berg <lizb AT wfmu.org>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: [cc-licenses] Third-party licensing of works
  • Date: Fri, 29 Jun 2007 17:32:18 -0400 (EDT)

Forgive me if this inquiry is directed to the wrong discussion forum, but I'm new here and wanted to get some feedback on an area that I don't believe is covered in the CC wiki or elsewhere on the site: a third party licensing works under CC with permission by the artist.

Here's my scenario. I work for WFMU, a non-commercial radio station, and we're developing a website of free and legal music downloads called the Free Music Archive. We want to populate this site by approaching artists and record labels and asking them to license song(s) using CC (by-nc and by-nc-nd, specifically), to be offered as free downloads (of course under the terms of the CC license).

All info on the CC site assumes that the artist is licensing his/her own material on their own volition, and doesn't address the possibility of this process being mediated through a third party. Any advice for how we should proceed? Has anyone done this before? Are there examples of contracts or other agreements that third parties have used to prove that an artist has agreed to license a work under CC?

WFMU wants to write up a contract that summarizes the by-nc or by-nc-nd licenses (also providing the URL for the full legalese version of the license), lists songs that the artists agrees to license under CC, and asserts that these songs will be included in WFMU's Free Music Archive website. Does this kind of agreement sound kosher? Or should we approach this in a different manner?

Thanks for any help you can offer.

-Liz






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