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  • From: Edward Barrow <edward AT copyweb.co.uk>
  • To: rob AT robmyers.org
  • Cc: cc-uk AT lists.ibiblio.org
  • Subject: Re: [Cc-uk] CC licensing by minors
  • Date: Tue, 21 Mar 2006 12:01:09 +0000

rob AT robmyers.org wrote:

Remix Reading got some advice on minors and licencing from ArtLaw:

https://lists.ibiblio.org/sympa/arc/cc-uk/2005-June/000455.html


Quoting Stuart Yeates <stuart.yeates AT oucs.ox.ac.uk>:


It is not clear to me that the CC is a contract, in which case this
does not hold.


non-lawyer-question:

Aren't licences contracts in English/Welsh and Scottish law?

- Rob.


Vexed question, which has been the subject of considerable debate on the CNI-copyright list.
IMO, (and IANAL etc) it goes like this:
- licence is a synonym for permission, consent etc.
- a contract is an agreement which must have certain other characteristics, including privity, that is, it's binding only on the parties.
and no one else; and consideration (something in return).
This is basic in all common-law jurisdictions; I expect it's the same principle under Scots Law, though probably with different names for substantially the same concepts.

Most licences are contracts: "I license you to do X with my stuff, in consideration of [the money / the "premises" (of the agreement, not real estate) / your undertaking to do/not to do Y]".

But bare licences, which are not contracts, are - IMO - also possible: "I give you permission to do whatever with my stuff, regardless". However, there are respected lawyers who hold that all licences are contracts.

In the case of the CC licences, the question turns, I think, on consideration: what does the licensee give in return? Attribution is probably sufficient consideration, where it applies.

just my 2p's worth.

Edward Barrow
Copyright Consultant
edward AT copyweb.co.uk





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