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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: drew Roberts <zotz AT 100jamz.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] third party rights
  • Date: Mon, 27 Aug 2012 11:49:56 -0400

On Monday 27 August 2012 11:02:40 Paul Keller wrote:
> > But you cannot make that un-watered-down statement without exposing
> > yourself and downstream users to risk.
>
> yes i can. by asking other known rights holders

One problem is with the term "known rights holders." What about unknown
rights
holders?

Again, what about a video shot in public locations?

Do the architects have rights in the buildings in the video?
Do the people in the background have rights to be considered?
Do the clothes designers on the people in the video have any rights?
Do the pattern designers used by the clothes designers have any rights?
Do the car designers have any rights to any cars that may drive by?
Does anyone have any rights on any billboards or logos or who knows what that
may appear in the video?

And we expect a normal everyday person to assert that everything is a go and
a
user is covered no matter what use they make of this video or anything they
see in it?

So, how do we make everyone happy and safe? Other than or including throwing
copyright out of the window completely?

> to if they are ok with me licensing the work under the license in question.
this is exactly the kind of behaviour Creative Commons encourages on its
Before licensing page (http://wiki.creativecommons.org/Before_Licensing)
which is prominently linked from the license chooser:
> > Before applying a Creative Commons license to a work, you need to make
> > sure you have the authority to do so. This means that you need to make
> > sure that the person who owns the copyright in the work is happy to have
> > the work made available under a Creative Commons license.

all the best,

drew




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