Comments on: More on CC and Things

By: Mike

Mike — Tue, 07 Jun 2005 14:01:51 +0000

The question is whether you, as the author of a CC-licensed work, can condition the license as the CC license purports to allow. Conditional licenses are OK in all kinds of contexts. Traditionally acceptable conditions include: copy the work so long as you pay me a royalty; distribute the work so long as you do so in X market or Y medium. Copying without paying the royalty leads to a copyright suit for an injunction and/or damages, and (possibly) a contract suit for royalties. Distributing the work in Z market or A medium is obviously infringing; failure to pay the promised royalties is a breach of contract. The CC license allows, among other things: modify the work so long as you credit me with the original. I make a fair use of the work but don’t credit you. Infringing? I don’t think so. Does it violate the CC license? If the CC license is an enforceable agreement, yes, but I don’t think the CC license is an enforceable agreement. Otherwise, as a matter of copyright law, unattributed fair use in this case is noninfringing. Agreed? If not, then we’re back to the question in the main post, which is the extent to which the producer can put any old limitation on the use of the product and have it enforced legally.

By: Ed Felten

Ed Felten — Mon, 06 Jun 2005 23:45:42 +0000

I had always assumed that Creative Commons licenses didn’t interfere with a user’s freedom to make noninfringing use of the covered work. As I read the Creative Commons license, it only applies in cases where the use being made would otherwise be infringing.

By: Copyfight

Copyfight — Mon, 06 Jun 2005 19:42:25 +0000

“Restricted Use” vs. “Licensed” Works
Prof. Michael Madison and I have been discussing what distinctions, if any, there are between works that are licensed and works that are sold as “restricted use”. For example, a CD that only the buyer is permitted to play. The…