Creative Commons Aotearoa New Zealand discussion

[Danyl Strype <strypey AT disintermedia.net.nz>]

Kia ora koutou

Richard, thanks for your thoughts. This is all fairly academic to me,
as I'm unlikely to ever enforce a CC license through the courts (but
hey, never say never!), but may well be of interest to artists who are
considering adopting more restrictive CC licenses (using NC or ND
clauses).

On 16 July 2013 09:06, Richard White <richard.white AT otago.ac.nz> wrote:
>> Whether you could argue that a CC licence is a 'scheme' is dubious to me - 
>> the operator would be CC itself and I think by definition the 'operator' 
>> is meant as someone who is acting on behalf of the actual rights holder. <<

I would say that by adopting a CC license, a person is creating a
'scheme' for how their work can and cannot be used, as laid out in the
license they have chosen. I would say they are the 'operator' of their
CC license 'scheme', unless they delegate the enforcement of the
license to a third party such as APRA.

>> But my inclination is that the Tribunal would not be the route to pursue 
>> an infringement case against a CC licence and the regular courts would be 
>> the way you’d have to go. <<

Can we get a more formal opinion on this from the legal team? I for
one would find it quite scandalous if NZ taxpayers are subsidising the
costs of a court which can only be used by operators enforcing schemes
based on ARR copyright, and not by those using more generous schemes
based on the template of CC licenses.

Hei kōna
Strypey

--
Danyl Strype
Community Developer
Disintermedia.net.nz/strype

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