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

[Chris Grigg <chris AT grigg.org>]

Cont'd.; thanks again, Cathy.

        -- Chris

> Again, I've added input below on the legal issues.  Please let me 
> know if I missed something that I should be addressing.
>
> Thanks,
> Cathy



> [CK:  The precedential value of reported decisions on contract 
> language is meaningful in other cases involving interpretation of 
> similar contract language.  If the Sampling License were litigated, 
> its interpretation would certainly have a strong effect on 
> subsequent interpretations of the license.  In general, if there is 
> litigation over contract language, it does have a ripple effect on 
> how people write licenses.  For example, there has been litigation 
> over rights clauses covering future media, which has led draftsmen 
> to focus on appropriate language to address what has been ambiguous 
> (and litigated) in other contracts.]

[CG] OK, thanks for the info.  Does the precedential value cross all 
districts, or just apply in the district/circuit of the decision?


> ...
> > > We are not suggesting the attribution of all samples one might use
> > > and still get in trouble for, but that when this particular
> > > licensed work is re-used, attribution is dangerless, appreciated,
> > > and encouraged as good art policy.
> >
> > OK, good -- that sounds much more moderate to me, and much better
> > than what I've seen so far (I confess I haven't read every word;
> > some posts haven't been very concise).  It would be good to see some
> > draft language expressing that idea.  Anyone?
> [CK:  the existing CC license attribution language calls for 
> attribution of the licensed work only, so it does not require 
> attribution for any other non-CC samples that may be used.

[CG] OK.  If a work is licensed under the SL, and it incorporates 
other elements that were also offered under the SL, would any 
'pass-through' attribution obligation exist?  Should it?


> Here is the standard CC language for the attribution option. Once we 
> determine where we are with the sampling provisions, we will 
> integrate it with the main CC license with appropriate conforming 
> changes, as discussed in my prior email.
>
>  "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."
>
> Depending on whether attribution is made a suggestion or a 
> requirement, we can draft language to that effect.]

[CG] See previous worrying about making the language work both ways.

..end..