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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: "Prodromos Tsiavos" <p.tsiavos 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 14:12:11 +0200

Jonathon wrote:

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

I totally agree. However, the point I m trying to make relates to the allegation of the claimant that he was misinformed regarding the meaning of the term 'commercial'

"to adequately educate and warn him . of the meaning of commercial use and the ramifications and effects of entering into a license allowing such use."

All I m saying is

(a) that the more we are going to have non-professional creators, the more we will have to deal with legal issues that normally would have been issues involving only professionals.
(b) the practice of introducing terms [e.g. commercial/ noncommercial] that are not recognized or clearly defined by Copyright or other national laws is prone to cause legal disputes

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.

IMHO the "model release clause" should be in included in the next version of the CC licences, though I m not sure how the incompatibility issue would be resolved.


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