Lessig the Grey vs. Creative Commons

[Dave Farber <dave () farber net>]

-----Original Message-----
From: Scott Matthews <scott () turnstyle com>
Date: Fri, 05 Mar 2004 13:35:56 
To:dave () farber net
Subject: Lessig the Grey vs. Creative Commons

Dave, I hope of interest to IP...

Given the recent Grey Tuesday brouhaha that followed the release of DJ
Danger Mouse's Grey Album, it's worth pausing for a moment to take a look at
the Creative Commons:

"We work to offer creators a best-of-both-worlds way to protect their works
while encouraging certain uses of them -- to declare 'some rights
reserved.'"

Among the rights an artist may choose to reserve when configuring their
Creative Commons license is "No Derivative Works," explained in cartoon
here:

http://creativecommons.org/images/comics/10.gif

Indeed, the Creative Commons' leading example musician is Roger McGuinn who:
"chose the Creative Commons license that maximizes a combination of free
distribution with artistic control and integrity." -- note that Roger
McGuinn chose "No Derivative Works."

However, the Grey Tuesday movement seeks to take that right away. Notably,
Larry Lessig (Creative Commons Chairman of the Board) commented in his blog:

http://www.lessig.org/blog/archives/001754.shtml

"Should the law give DJ Danger Mouse the right to remix without permission?
I think so, though I understand how others find the matter a bit more grey."

"Should the law give DJ Danger Mouse a compulsory right to remix? That is,
the right, conditioned upon his paying a small fee per sale? Again, I think
so, and again, you might find this a bit less grey."


So, what exactly does Creative Commons mean by "some rights reserved" -- 
would it perhaps be more accurate if they said: "some rights reserved until
we can cook up a new compulsory license to take those rights away"?


Scott Matthews
http://www.turnstyle.com/andromeda


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