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

[Don Joyce <dj AT webbnet.com>]

I brought this up earlier - that the license might acknowledge it's 
close relation to the fair use concept in general - but the lawyers 
are terribly afraid of associating this with "fair use."
Their reasons will sound good, (restrained by logic again!) but they 
are not, because we should, because this is not a license for lawyers.
Making this association is simply an excellent reference point for 
creators, and spreads the general concept of fair use in the arts, 
and that will serve us all much better in the end than fears of 
possible legal confusion in this license will.
There's no getting around the fact that the lawyers' first priority 
in writing law is courtroom convenience, not necessarily relating to 
the less than convenient way things actually work outside the 
courtroom.
DJ







> How is what the sampling/c&p license would allow any different from 
> what 17 USC section 107, Limitations on Exclusive Rights: Fair Use, 
> allows?  Just the attribution requirement, and the implied promise 
> not to sue?  Maybe the name should be something like 'Fair Use 
> Encouraged'.
>
>         -- C
> _______________________________________________
> cc-sampling mailing list
> cc-sampling AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-sampling