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cc-licenses - Re: [cc-licenses] third party rights

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Subject: Development of Creative Commons licenses

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  • From: Anthony <osm AT inbox.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] third party rights
  • Date: Fri, 24 Aug 2012 12:51:58 -0400

On Fri, Aug 24, 2012 at 4:07 AM, Paul Keller <pk AT kl.nl> wrote:
> So what i am mainly concerned here is works of joint authorship. This is
> where i think that the clarified language introduces unwanted
> uncertainties). To use a very simple example: You have an academic paper
> written by three authors. Now it is published under a cc license on the
> website of one of the authors. Looking at the license text i could get the
> impression that there is one licensor who has published the paper under a
> cc license and he may or may not have done so in with the expression of her
> co-authors. At this point the license becomes meaningless as it does not
> say:
>
> this paper can be used under the terms of creative commons license
>
> but rather says
>
> as far as the licensor is rights holder in this paper he gives permissions
> to make use of the paper under the terms of the license. there may however
> be other rights holders and it is up to you dear licensee to figure out if
> they also allow you to use the paper under these conditions.
>
> the first statement is something that empowers me as a user. the second one
> is one that does not.

---

Hmm, I never thought of it that way. This isn't a problem in the
United States, where by default it only takes one joint author to
license a work. But that's not the way it works in the UK, where all
joint authors have to agree to license a work. That could be a major
problem for the functioning of Sharealike.




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