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cc-licenses - Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use

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Subject: Development of Creative Commons licenses

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  • From: jonathon <jonathon.blake AT>
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT>
  • Subject: Re: [cc-licenses] Lawsuit over Virgin Mobile's and Ethical Use
  • Date: Sun, 30 Sep 2007 09:15:12 +0000

Prodromos wrote:

> - what the Virgin case indicates is not a CC problem but a broader
> Copyright problem:

Copyright, or even enforcement of copyright is not the issue. The
major issue is whether or not Virgin should have had model releases or

>with the proliferation of creators and disseminators, what in the
past would have been a specialized issue involving a small no of
specialists, it is now part of daily routines involving everyone.

Virgin Pty Ltd was pushing legal boundaries with the images it
selected. None of the photographers or subjects appeared to be
citizens of, or residents of Australia.
There is one Australian law that is broad enough, and vague enough,
that Virgin might be nailed by.

> I m expecting to see far more related cases in the future, with or without
> CC.

Future cases will involve:
* moral rights;
* model releases;

CC covers Moral Rights as well as can be expected, given that it is
not a concept that is found in most countries.

Model releases are irrelevant to copyright law.
A future CC license that contains a "model release" clause would, by
definition, be incompatible with prior licenses. None the less,
material under existing licenses could be converted to a future
license, by a future user, despite that incompatibility.



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