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cc-sampling - RE: [cc-sampling] First Post / Five Points

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

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  • From: Chris Grigg <chris AT grigg.org>
  • To: cc-sampling AT lists.ibiblio.org
  • Subject: RE: [cc-sampling] First Post / Five Points
  • Date: Tue, 15 Jul 2003 23:23:52 -0700

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..




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