Development of the Creative Commons Sampling license (or license option)

[mark / negativland <markhosler AT charter.net>]

Title: intent of this license in the FAQ?

>
> I must still say this license represents,
> in effect and in routine perception, a considered expansion of present
> fair use rules for free re-use. This license is not a different kind
> of animal, but a child of fair use thinking as far as I can see, and
> this license will now exist for the very same constitutionally
> embedded principle as existing fair use does - to prevent the
> censorship of free speech in new works or other presentations that
> rely on cultural appropriation. Both are all about allowing exactly
> the same thing for the same reasons, ours attempting to be
> artistically aware and inclusively up to date where Fair Use is not
> yet, that's all.

some of the above might be good in the FAQ to further explain the intent of this particular license.

I think  this was discussed earlier, but the FAQ needs something that sets out the cultural and ethical and philsophical "whys" for this license so folks have a more laymans-like grasp of why they might want to use this......and  we also need something that encourages the use of this license by folks who dont make collage at all but see the value in encouraging and allowing it to be done by others.

Mark

>
> Sure, this is unilaterally declaring fair
> use also extends to artistic, not just political concerns. That's what
> I mean by expanded.
> DJ
>
>  
>  
>
>
>
>
> > Cathy Kirkman said:
> >
> > "Since we are not varying the default situation under the law, it
> > is not
> > necessary to have a statement about
> > ownership rights."  
> >
> > DJ of Negativland said in
> > response:
> >
> > "Ok, See Cathy, I completely
> > disagree with this advice on the grounds of
> > undoubtedly harried legalistic timidity.
> > . . . I'm thinking of this
> > license as a kind of voluntary, fair use-bestowing license, directed
> > at
> > those who want to protect art's free access to art, not as a
> > protection
> > for any artist involved whenever the two interests conflict."
> >
> > A second response by me to Don, if I understand you correctly:
> >
> > We are going to have to draw lines with this license, and that means
> > that
> > it is indeed our job here to make clear who has what rights when
> > two
> > interests conflict. Simply trying to declare unilaterally a new zone
> > of
> > fair use is not really possible.  Rights as defined by contracts
> > have
> > always got to be defined vis-a-vis another party's rights. 
> >
> > Worse, using the word "fair use" to describe what we're
> > doing is
> > dangerous -- if we really care about fair use.  Creative Commons
> > has gone
> > out of its way to make clear that we're not simply trying to
> > codify
> > freedoms that copyright law (fair use, first sale) already grants
> > the
> > general public.  All our licenses start with fair use as a given,
> > then
> > build more freedoms from that baseline.  If we mix up new
> > freedoms and
> > existing fair use, even rhetorically, we invite the copyright powers
> > that
> > be to start trying to use Creative Commons as a way to roll back
> > fair
> > use. This cannot happen.
> >
> > So, I humbly request that we only refer to "fair use" in
> > this discussion
> > when we mean to make clear that our licenses will in no way effect
> > it.
> >
> > --Glenn
> > ---------------------
> > Glenn Otis Brown
> > Executive Director
> > Creative Commons
> > glenn AT creativecommons.org
> > +1.650.723.7572 (telephone)
> > +1.415.336.1433 (mobile)
> > _______________________________________________
> > cc-sampling mailing list
> > cc-sampling AT lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-sampling
>
> _______________________________________________
> cc-sampling mailing list
> cc-sampling AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-sampling

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