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Subject: Development of the Creative Commons Sampling license (or license option)
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- From: Don Joyce <dj AT webbnet.com>
- To: creative commons license list <cc-sampling AT lists.ibiblio.org>
- Subject: [cc-sampling] attribution rewrite
- Date: Sat, 12 Jul 2003 01:59:46 -0700
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
- [cc-sampling] attribution rewrite, Don Joyce, 07/12/2003
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