Juan Buhler wrote:

>The article writes doesn't seem to have an understanding of what
>Creative Commons really is. 

Nor do the plaintiffs in the lawsuit! I just noticed that they're suing 
Creative Commons in addition to Virgin!

>It is not an entity that licenses photos, it is an entity that makes 
>standard licenses available for those of us who would like to put 
>our work out there under something a bit less restrictive than full 
>copyright.
>
>That said, Virgin's mistake was to neglect looking for a model
>release. The photo itself was released under a CC license that 
>allowed commercial use, and this is something that the 
>photographer has to do explicitly. So the photographer also 
>messed up here, and he has really no recourse. It is trivially easy 
>to have a CC license that allows other uses but disallows 
>commercial use.

Do you think that the photographer chose a license that allows 
commercial use by mistake, when he just intended to allow copying? I 
hadn't thought of that but it make sense.

>My pictures are released under CC 
>attribution,non-commercial-share alike" that means people can 
>use them for non commercial purposes, and they can remix them 
>in collages or in a documentary or whatever. If they do so though, 
>they have to 1) credit my picture and 2) release
>their work under a similar or more permissive license.

Students can use even "all rights reserved" works in course projects 
under Fair Use, but they do have to give credit to the copyright 
holder. Oddly enough, I just gave my annual "Copyright lecture" to my 
multimedia authoring students last night! I encourage them to use all 
their own material if at all possible, but explain the proper way of 
using other people's work if they really need to. I emphasize that Fair 
Use means they can use other people's material in their course 
projects, but that means they won't be able to use any material they 
produce in school for profit after they graduate. 

>It's simple once you take the time to think about it a bit. The
>photographer in question didn't.

I'm going to add a bit about model releases to my copyright lecture 
from now on!

>> ><http://news.ninemsn.com.au/article.aspx?id=76588>



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