On Thu, Nov 18, 2010 at 11:42 AM, Ed Avis <[email protected]> wrote: > You would not imagine the record company saying on the one hand 'yes, you can > make short clips of our music and release them as CC-BY' but on the other hand > 'no, if you try to exercise the rights granted by the CC-BY licence you are > infringing our copyright and must stop'. Either position is possible, but not > both together.
One thing I should point out, though, is that the ODbL does not *say* "you can make Produced Works and release them as CC-BY". In fact, what it says is: "You may not sublicense the Database. Each time You communicate the Database, the whole or Substantial part of the Contents, or any Derivative Database to anyone else in any way, the Licensor offers to the recipient a license to the Database on the same terms and conditions as this License." To the extent that you are allowed to offer a license on a Produced Work, that license only applies to *your contribution* to the Produced Work. It does not apply to the "preexisting material". The license you have for the preexisting material, i.e. the Database, is given by the original Licensor of the database, and is ODbL, not CC-BY, or CC-BY-SA, or anything else. _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk
