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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: drew Roberts <zotz 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 09:17:14 -0400

On Sunday 30 September 2007 08:12 am, Prodromos Tsiavos wrote:
> 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
> > not.
> 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.

And I don't think it should be in there. Or it should be another optional



> thnx
> pRo
all the best,


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