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

[Don Joyce <dj AT webbnet.com>]

The standard CC attribution clause:

 "If you distribute, publicly display, publicly perform, or publicly 
digitally perform the Work or any Derivative Works or Collective 
Works, You must keep intact all copyright notices for the Work and 
give the Original Author credit reasonable to the medium or means You 
are utilizing by conveying the name (or pseudonym if applicable) of 
the Original Author if supplied; the title of the Work if supplied; 
in the case of a Derivative Work, a credit identifying the use of the 
Work in the Derivative Work (e.g., "French translation of the Work by 
Original Author," or "Screenplay based on original Work by Original 
Author"). Such credit may be implemented in any reasonable manner; 
provided, however, that in the case of a Derivative Work or 
Collective Work, at a minimum such credit will appear where any other 
comparable authorship credit appears and in a manner at least as 
prominent as such other comparable authorship credit."


I would suggest re-writing this attribution clause entirely, and not 
try to conform to what's there at all. Just start with the previously 
worked up wording that exists (somewhere) and perfect that.
Seems to me we don't need any of the above uninteresting wording to 
say that attribution of this licensed work as a source in new work is 
encouraged in any reuse, and required in none.

The third party copyrights aspect is totally unresolvable in my 
imagination. I just don't see how we can possibly satisfy both that 
and this license's intentions. They are contradictory.

We're just going to have to add something about "your absolute right 
to partially re-use this material is not absolute if this work 
contains others' copyrighted material."
And then go on to... what....assume that all sampling licensed works 
that contain samples are now going to provide a list of their sources 
with phone numbers and addresses, so the re-user can contact them all 
and get clearances? Don't you see how this just serves to eliminate 
this work from re-use consideration? Too much trouble. Can't wait for 
all that, and there wont be addresses and phone numbers.
From a re-user's point of view, this will just be something to either 
shy away from or (more often) just re-use it without contacting a 
soul about anything anyway. We do it every day. Copyright's 
over-reach, it's inhibition of the creative process, often encourages 
law mockery in the real re-using world. So this license wont change 
that at all.
DJ