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

["i.d." <id AT blackboxstudio.com>]

David McConville here with my first post to the list. I've been following 
the threads, and have been most intrigued with the anti-advertisement clause.

Is there any precedent for limiting derivative uses to works that are *not* 
selling product? Is there any analogy that can be used for this in other 
case law? There has been a lot of controversy over the use of an 
individual's image or name in commercial media, most of which has focused 
on tightening control of IP (like the latest brouhaha between Spike Lee, 
Spike TV, and Spike Jones' son).

Are there distinctions in these cases between using a person's name or 
image for artistic or fair use applications and commercial or advertising 
applications? The complications here arise from the fact that we're 
allowing commercial application usage (ie derivative works that can be 
sold), but not usage for advertising that implies endorsement of a product 
or idea. Just wondering if there's any precedent for this type of distinction.

This is a basic question, but i'll ask it for clarification's sake: Almost 
all of the conversations have focused on audio, but I assume that these 
licenses would apply equally to video, print, etc, right?

thanks,
david

At 10:23 AM 6/26/2003, you wrote:
> I would personally feel a lot better if there was some kind of 
> anti-advertising clause in there.
>
> This would differentiate between musical artists using my music and 
> selling it -- which I have no problem with -- and advertisers taking 
> advantage of it, which kinda makes me sick just thinking about it...
>
> thanks :-)
>
> lisa
>
>
>
> On Thursday, June 26, 2003, at 07:10 AM, Glenn Otis Brown wrote:
>
> > Hi Don,
> >
> > I was considering the inclusion of an anti-advertising as an issue open
> > for discussion still. I figured that that anti-advertising idea we've
> > been batting around on the list would do what you say below.
> >
> > Was just trying to settle on the stuff we can probably agree on
> > relatively easily before we finally settle how the advert. idea would
> > work. (But yes, in principle, this option could exist.  I still worry
> > about making it work, but that doesnt' mean I'm not willing to try.)
> >
> > Glenn
> >
> > On Thu, 26 Jun 2003 04:05:24 -0700, "Don Joyce" <dj AT webbnet.com> said:
> > > Glenn,
> > > Would it then be possible to have an option in the sampling license
> > > to restrict any and all uses in commercials or advertising
> > > specifically without payment/permission. This means transformed or
> > > not. This is because what some of us may want is to NOT appear in
> > > commercials at all, not on the basis of whether we're transformed or
> > > not, but on the basis of commercial intent which we don't wish to be
> > > associated with in any form. We do not claim claim this right of
> > > control over association in art if we are "transformed," but we sure
> > > should be able to with regard to commercials which are not art.
> > > DJ
> > >
> > >
> > >
> > >
> > > > It seems we're more or less settled on the meat of the sampling language,
> > > > but we have to figure out (1) this warranty and third-party rights issue;
> > > > (2) how this license fits in the overall CC model.
> > > >
> > > > Issue (1) is something our board is talking about right now. There's been
> > > > discussion about this re: all our licenses, and I think we'll have some
> > > > decision soon. So let's hold off on that for now.
> > > >
> > > > (2) We haven't talked much about how the license will fit in the overall
> > > > model. Here are my thoughts: first what I think CC policy should be, and
> > > > second, why.
> > > >
> > > > The sampling license should be a stand-alone specialty license.  A user
> > > > comes to CC, clicks choose license, and sees pretty much the same menu of
> > > > choices they see there today:
> > > > <http://creativecommons.org/license/>.
> > > > But they also see, prominently flagged next to this menu, a list of our
> > > > "specialty licenses": sampling, education, developing nations, founders
> > > > copyright.
> > > >
> > > > Let's say the user then clicks on "sampling." My ideal is that this is a
> > > > standard license with no options:
> > > > Attribution is always required (BY:), and commercial use is permitted
> > > > only for transformative works (sampling, mash-ups, etc.); "share alike"
> > > > is not an option, and "no derivative works" is obviously not an option.
> > > >
> > > > Here's why:
> > > >
> > > > a) More options aren't necessary. Offering a commercial-noncommercial
> > > > option in the sampling license wouldn't make sense. Right now, if you
> > > > wanted to allow any commercial use of your work, including derivatives
> > > > and verbatim copies, you could simply use any of our current licenses
> > > > that 1) don't specify "noncommercial" and 2) allow derivative works. The
> > > > whole point of this license is refining that noncommerical provision to
> > > > allow commercial transformations but not commercial verbatim copying.
> > > >
> > > > Also, 99% of our users now require Attribution, and Negativland has
> > > > seemed keen on requiring it, too. I like the idea.
> > > >
> > > > b) Simplicity. I like our main menu of options right now and want it to
> > > > remain pretty stable and simple. The more options we throw into that
> > > > menu, the more confusing, time-consuming, and complicated the licensing
> > > > process gets.  So let's stick with our "a la carte" menu, and offer a
> > > > separate "prix fixe" menu next to it.
> > > >
> > > > --Glenn
> > > >
> > > > ---------------------
> > > > Glenn Otis Brown
> > > > Executive Director
> > > > Creative Commons
> > > > glenn AT creativecommons.org
> > > > +1.650.723.7572 (telephone)
> > > > +1.415.336.1433 (mobile)
> > > > _______________________________________________
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> > >
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> > ---------------------
> > Glenn Otis Brown
> > Executive Director
> > Creative Commons
> > glenn AT creativecommons.org
> > +1.650.723.7572 (telephone)
> > +1.415.336.1433 (mobile)
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> > http://lists.ibiblio.org/mailman/listinfo/cc-sampling
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