Press Releases

PODCASTING LEGAL GUIDE RELEASED TO ASSIST PODCASTERS NAVIGATE POTENTIALLY TROUBLED LEGAL WATERS

Mia Garlick, May 8th, 2006

San Francisco, USA — May 8, 2006

Creative Commons and Vogele & Associates today unveiled the Podcasting Legal Guide, which was prepared by both organizations together with the invaluable assistance of the Berkman Center at Harvard Law School’s Clinical Program in Cyberlaw. The Guide was prepared as part of the Stanford Center for Internet & Society’s Non-Residential Fellowship. Inspired by the Electronic Frontier Foundation’s Legal Guide for Bloggers, the Podcasting Legal Guide is designed to outline both legal and practical issues that are specifically relevant for podcasters, such as using music and video in a podcast.

The Guide has been published both online and as a PDF under the Creative Commons Attribution-NonCommercial-ShareAlike 2.5 license. A hardcopy of the Guide can also be ordered via Lulu in print-on-demand for $5.37 (black & white) or $10.83 (color). The authors hope that the flexible license chosen will enable practitioners in different jurisdictions to translate and adapt the guide for their own jurisdictions to assist podcasters around the world.

“This is an exciting time,” said Colette Vogele, founder of Vogele & Associates. “With the proliferation of user-generated and user-manipulated content on the web through podcasting and other technologies, anyone has the potential to become a publisher of original or remixed content overnight. At the same time, these new media technologies remain for the most part legally untested. We hope this Guide will encourage readers to take an active role in understanding the legal issues affecting their podcasts, and implement techniques and resources to podcast legally.”

“The body of copyright and related laws that governs the use of other people’s content in a podcast is, as Larry Lessig notes in his foreword to the Guide, ‘insanely complex,’” noted Phil Malone, co-director of the Berkman Center’s Clinical Program. “This Guide seeks to serve as a common-sense overview of some of that complexity and to help podcasters understand the variety of alternatives they might have to safely use music, video and other materials.”

To coincide with the release of the Guide, Creative Commons has released podcast promos from several prominent artists including DJ Spooky, Kristin Hersh, Jonathan Coulton, Finian Mckean, and Au Revoir Simone. These promos are available for podcasters who use CC-licensed music to include in their podcasts. Creative Commons invites other artists to submit promos for inclusion at the site.

About Vogele & Associates

Vogele & Associates advises businesses, non-profits, and individuals on a range of intellectual property issues related to new media and internet technologies. Founder Colette Vogele holds a non-residential fellowship with Stanford’s Center for Internet & Society and writes and speaks internationally on intellectually property issues.

About the Berkman Center Clinical Program in Cyberlaw

The Berkman Center for Internet & Society at Harvard Law School is a research program founded to explore cyberspace, share in its study, and help pioneer its development. The Berkman Center’s Clinical Program in Cyberlaw provides high-quality, pro-bono legal services to appropriate individuals, small start-ups, non-profit groups and government entities regarding cutting-edge issues of the Internet, new technology and intellectual property. For information on the Center, visit the Center’s website; to learn more about the Clinical Program visit the Program’s site.

About Creative Commons

Creative Commons is a not-for-profit organization, founded in 2001, that promotes the creative re-use of intellectual and artistic works—whether owned or in the public domain. Creative Commons licences provide a flexible range of protections and freedoms for authors, artists, and educators that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. It is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation as well as members of the public. For general information, visit the Creative Commons’ website.

Contact

Colette Vogele

Vogele & Associates

415 751 5737

Email

Mia Garlick

General Counsel, Creative Commons

415 946 3073

Email

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CREATIVE COMMONS ANNOUNCES CRAMMED DISCS REMIX CONTEST FEATURING MUSIC FROM CIBELLE, DJ DOLORES, AND APOLLO NOVE

Eric Steuer, April 17th, 2006

San Francisco, USA & Brussels, Belgium – April 17, 2006

Creative Commons and Crammed Discs are pleased to announce the Crammed Discs Remix Contest taking place now at ccMixter. Crammed Discs artists Cibelle, DJ Dolores, and Apollo Nove — three of Brazil’s most creative musical innovators — are offering the audio source files from three songs online under a Creative Commons Attribution-NonCommercial license, so that producers worldwide can use the sounds in remixes and new compositions. The general public is invited to download these tracks and create their own versions, appropriate elements in new compositions, and generally use the elements for any noncommercial creative expression.

Cibelle, DJ Dolores, and Apollo Nove will each select the three best remixes of their respective songs; these nine remixes will be included on a Crammed remix compilation, which will be sold online through digital music stores.

To enter, download the separated audio elements of Cibelle’s “Noite de Carnaval,” DJ Dolores’s “Sanidade,” and Apollo Nove’s “Yage Cameras,” and upload a remix to ccMixter between April 26, 2006 and May 24, 2006. All entries must be licensed under a Creative Commons Attribution-NonCommercial 2.5 license. Under this license, the public may legally make copies of, distribute, and create derivative works from the remixes – as long as the original authors are credited and the uses are not for commercial purposes.

Quotes about the Crammed Discs Remix Contest:

Cibelle
“The whole process of making music has changed. The very concept of composition now extends to the creation of sounds and textures. I’m very curious to see how other people will use and manipulate my sounds and how they will use them as tools to create new music.”

Apollo Nove
“I like the idea of giving people the opportunity to hear what I hear when I’m producing — a separate candomblé percussion track or some painstakingly constructed soundscape. If mixing is part of the compositional process, it’s only natural that I try sharing the compositional responsibilities with anyone interested in taking them on.”

DJ Dolores
“This is what every intelligent musician should do. The idea is to share and allow one’s work to be cut up, reinvented and — who knows — transformed into something even better than the original. This isn’t about generosity; it’s about inventing new ways of creating musical products that go well beyond the world of physical carriers like vinyl and CDs.”

Marc Hollander, founder of Crammed Discs
“Artists should be able to decide that they want to share certain elements of their music, while keeping some control of the process. The development of broadband has opened up a whole range of great creative possibilities – ¬¬the most stimulating, playful, and exciting being the exchange of musical elements with people you don’t know.”

About Crammed Discs
Crammed Discs has developed a high profile worldwide as one of the leading purveyors of quality music. A resolutely cosmopolitan-minded label based in Brussels, Crammed works with artists from all over the globe. Crammed’s roster includes Brazilian artists Bebel Gilberto, Zuco 103, Celso Fonseca, and Cibelle; electronic acts such as Snooze, Juryman, and DJ Morpheus; as well Romanian Gypsy band Taraf de Haïdouks, Persian vocalist Sussan Deyhim, Macedonian brass band Koçani Orkestar, and French composer Hector Zazou.

About Creative Commons
Creative Commons is a nonprofit organization that promotes the creative re-use of intellectual and artistic works – whether owned or in the public domain. Creative Commons licenses provide a flexible range of protections and freedoms that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. Creative Commons is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation, as well as members of the public. For more information about Creative Commons, visit the organization’s Web site (http://creativecommons.org/).

Contact
Eric Steuer
Creative Director, Creative Commons
Email

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CREATIVE COMMONS COPYRIGHT LICENSES LAUNCH IN MALTA

Mia Garlick, April 7th, 2006

San Francisco, USA, and Berlin, Germany – April 7, 2006

Creative Commons, a nonprofit organization that provides flexible copyright licenses for authors and artists, today unveils the localized version of its innovative licensing system in Malta. With Malta offering Creative Commons licenses tailored for the specifics of the local legal system, Creative Commons licenses and tools are now available in 30 jurisdictions worldwide.

Creative Commons copyright licenses are available free of charge from the group’s website. The licenses allow authors and artists to mark their works as free to copy or transform under certain conditions—to declare “some rights reserved,” in contrast to the traditional “all rights reserved”—thereby enabling others to access a growing pool of raw materials without legal friction.

Staff at Creative Commons’ offices in San Francisco and Berlin worked with Project Leads Brian Restall, Daniele Cop and Alex Spiteri Gingell to adapt the standardized licenses to Maltese law. Creative Commons Malta is being supported by Projects in Motion Ltd.

Today the Maltese versions of the Creative Commons licenses will be launched in Malta, at a launch event being held in the Ammon Suite at the Dolmen Hotel. The launch will follow the closing ceremony of the “Globalisation and Harmonisation in Technology Law” conference held by the British & Irish Law, Education Technology Association (BILETA). The event will be hosted by the Law & Information Technology Research Unit of the University of Malta. Professor Lawrence Lessig (Chairman and CEO of Creative Commons) will give the keynote address.

Brian Restall, CEO of Projects in Motion Ltd. Said “The intention behind porting the Creative Commons licenses to Malta was to encourage Maltese artists, students, academics, and researchers to share and distribute their work for free; and help relax the current copyright all-or-nothing proposition. This will permit the local content industry to allow others to copy, distribute, and build on their work so that it can be used in other creative and interesting ways, while still protecting certain parts of their work. This is a very important milestone for the Maltese content industry and provides the legal basis for the free exchange of digital content and a sharing economy in Malta.“

About Project in Motion Ltd. (PiM)

Projects in Motion Ltd (PiM) was set up to provide the leadership and expertise required to boost Malta’s participation in a range of European programmes and initiatives. It addresses the need expressed by local SMEs for more specific information and assistance structures, promoting international cooperation and networking; and offering services related to ICTs, management, research, training and dissemination activities. PiM’s network of experts covers areas like ICT, education, health, law, as well as cultural, scientific, environmental, agricultural and socio-economic disciplines. Through its association with other multipliers, PiM will strive to overcome the existing high fragmentation of resources. It will support the clustering of local players to create knowledge-intensive, multi-stakeholder partnerships possessing the critical mass needed to achieve excellence. PiM therefore aims to facilitate the transformation of local SMEs into learning organisations set to reap the benefits of the knowledge economy. For general information, visit PiM’s website.

About Creative Commons

Creative Commons is a not-for-profit organization, founded in 2001, that promotes the creative re-use of intellectual and artistic works—whether owned or in the public domain. Creative Commons licences provide a flexible range of protections and freedoms for authors, artists, and educators that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. It is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation as well as members of the public. For general information, visit their site.

Contact

Christiane Henckel von Donnersmarck

Executive Director Creative Commons International, Creative Commons

Email

+49.30.280.93.909

Press Kit

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CREATIVE COMMONS ADDS TWO NEW BOARD MEMBERS

Mia Garlick, March 30th, 2006

San Francisco, USA — March 30, 2006

Creative Commons is pleased to announce the addition of two new members to its Board of Directors — Jimmy Wales and Laurie Racine.

Jimmy Wales is the founder and President of the Wikimedia Foundation, the non-profit corporation which operates Wikipedia, the volunteer-created, multi-lingual, Web-based, free-content encyclopedia, in addition to the co-founder and chairman of Wikia, Inc., the for-profit corporation which operates Wikia.com, a broader set of collaborative communities.

Laurie Racine works with for-profits and not for profit enterprises that are concerned with the future of creativity in the digital age. She was President of the Center for the Public Domain and is Chair and co-founder of Public Knowledge.

Lawrence Lessig, Creative Commons’ CEO & Chairman of the Board said “Jimmy brings to Creative Commons his indepth knowledge about the issues arising from collaborative, freely licensed projects and Laurie brings her extensive managerial experience in the creative and technology communities. Both are valuable complements that enhance the existing expertise of the Creative Commons’ Board members.”

About Creative Commons

Creative Commons is a not-for-profit organization, founded in 2001, that promotes the creative re-use of intellectual and artistic works—whether owned or in the public domain. Creative Commons licences provide a flexible range of protections and freedoms for authors, artists, and educators that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. It is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation as well as members of the public. For general information, visit the group’s website.

Contact

Mia Garlick

General Counsel

Creative Commons

Email

Press Kit

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Creative Commons Releases Open Source Software ccHost 2.0

Eric Steuer, March 29th, 2006

San Francisco, USA, March 28, 2006

ccHost, an Open Source project that provides web-based infrastructure to support collaboration, sharing, and storage of multi-media using Creative Commons licenses and metadata, released version 2.0 today. This major feature release combines approximately six months of development, usage, and testing into packages that anyone may download, install, and use to build on-line media sharing communities.

These features most notably show up and are tested in Creative Commons’ project, ccMixter, a popular on-line music social network service that supports legal media sharing and remixing. ccHost is the Open Source Software engine powering ccMixter. Anyone may download, install, and use ccHost to freely build media sharing communities.

Perhaps the largest features in this release are to aid feedback between community members. First, the addition of native reviews no longer relies upon phpBB. This drastically makes installation of ccHost easier for average users while integrating the previously separate review system into ccHost. Also, now all users have to do to rate submissions is to hover over the star ratings for a media file, and select how many stars. Then, rather than requiring a refresh of the browser, the ratings automatically update.

Other user enhancements include optional text formatting for descriptions, bread crumb path display for easier site navigation, not safe for work (NSFW) flagging, and a “How I Did It” browser. Also, for audio-based installations there is support for M3U-based radio. While previous versions of ccHost had RSS support, ccHost 2.0 now supports the ATOM feed standard and caching for all feed types. Beyond these, the most major under-the-hood enhancement to the codebase is in general performance enhancements which provide noticeable improvement in all areas of the site, most notably on user profile pages.

On the administrative side, ccHost now ships with the sample pool API turned on (see here). Basically, this allows for multiple different ccHost installations to query each other for samples. Beyond the basic usage of multiple ccHost installations communicating through this RESTful API, anyone may also use the simple sample pool API to write code that interacts with a ccHost installation’s sample pool.

Other administrative additions include import and export of settings, internationalization accessible through a string editor, replacement of magpie with custom code, a new ratings panel, stricter fairness policies, and various administrative options for administrators to customize ccHost. The monthly archives, statistics, and charts pages barely made it into this release, and require more testing and usage, yet are already solidly functioning on ccmixter.org.

The ccHost development community encourages new developers to contribute to the project. While ccHost already supports major audio formats such as MP3, MIDI, FLAC, and Ogg Vorbis, it also supports video and still image formats. Future development needs more contributors to add more media (file-type) functionality to ccHost as well as help with internationalization (i18n) support for multiple languages. Adding language support does not require coding experience since one may use the administrative string editor to add localization to a ccHost installation.

Chat with other developers on irc channel #cc on irc.freenode.org, join the project mailing list, and edit the project wiki page to help shape this project’s future direction.

ccHost Project Website

ccHost Download

Feature Requests

Bug Reports

Roadmap (Project Timeline)

About ccHost
The goal of this project is to spread media content that is licensed under Creative Commons throughout the web in much the same way that weblogs spread CC licensed text. ccHost is web-based infrastructure that may be used to host and allow for commenting, remixing, and distribution globally. The more installations of ccHost and its variations, the more content there will be available for enjoyment and artistic re-use in a sane and legal setting. ccHost is what is used for the infamous Creative Commons ccMixter project, which supports legal media sharing and remixing.

About Creative Commons
Creative Commons is a nonprofit organization that promotes the creative re-use of intellectual and artistic works – whether owned or in the public domain. Creative Commons licenses provide a flexible range of protections and freedoms that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. Creative Commons is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation, as well as members of the public. For more information about Creative Commons, visit the organization’s Web site.

Contact
Eric Steuer
Creative Director, Creative Commons
Email

Press Kit

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CREATIVE COMMONS TO PORT LICENSES TO CHINA

Mia Garlick, March 28th, 2006

San Francisco, CA, USA and Berlin, GERMANY — March 29, 2006 — Creative Commons, a nonprofit dedicated to building a body of creative work free to share and build upon, today unveils a localized version of its innovative licensing system in The People’s Republic of China.

Creative Commons copyright licenses are available free of charge from the group’s website. The licenses allow authors and artists to mark their works as free to copy or transform under certain conditions—to declare “some rights reserved,” in contrast to the traditional “all rights reserved”—thereby enabling others to access a growing pool of raw materials without legal friction.

Staff at Creative Commons’ offices in San Francisco and Berlin worked with Project Lead Professor Chunyan Wang to adapt the standardized licenses to Chinese law. Creative Commons’ Mainland China project is being supported by the Law School of Renmin University of China.

Today the Chinese version of the Creative Commons licenses will be launched at the opening ceremony of an international conference on Intellectual Property and Creative Commons, being held at Renmin University of China and Peking University, in Beijing. The event is sponsored by Law School of Renmin University of China, IET Foundation, Peking University Law School, China Open Resources for Education, LI-Ning Company Limited, and other four organizations.

Professor Lawrence Lessig of Stanford University, CEO & Chairman of Creative Commons, will deliver the keynote speech on the Role of Creative Commons in an Information Economy. There will be an array of other diverse and preeminent speakers including Professor William Fisher of Harvard Law School.

The launch event will also feature the announcement of a new music CD titled “Pat Pet” which contains several Chinese songs that are being released under a Creative Commons Mainland China license.

Says Chunyan Wang, “We expect that the launch of the Creative Commons licenses will help pave a path for protecting intellectual property and create a win-win solution for all by allowing for reasonable use and sharing of the creative works. The launch will also help build a formal model to be used for creative products and provide a solution for dealing with the challenge of the new digital, Internet society. We believe that the launch will inspire a new “Creative Commons” community in a country with a rich cultural history and great potential creativity.”

About Law School of Renmin University of China

Renmin University of China (RUC) is a national leading university focusing on humanities, social sciences, economics, law and management. RUC was officially established in 1950. As one of the major schools and departments, the Law School is the first higher legal education institution officially established after the founding of the People’s Republic of China. Consisting of 12 Teaching and Research Sections (TRS) and 15 research centers, the Law School boasts two National Key Research Centers — Research Center of Criminal Jurisprudence and Research Center of Civil and Commercial Jurisprudence — and China Law Information Center, a National 211 Project program. With one LL.B, nine LL.M and seven LL.D programs, RUC Law School has a comprehensive legal education system.

For general information, visit the RUC website.

About Creative Commons

Creative Commons is a not-for-profit organization, founded in 2001, that promotes the creative re-use of intellectual and artistic works—whether owned or in the public domain. Creative Commons licences provide a flexible range of protections and freedoms for authors, artists, and educators that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. It is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation as well as members of the public. For general information, visit the groups’s website.

Contact

Christiane Henckel von Donnersmarck

Executive Director, Creative Commons International, Creative Commons

Email

Press Kit

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SPANISH COURT RECOGNIZES FOR THE FIRST TIME THAT THERE IS MUSIC THAT IS NOT REPRESENTED BY COLLECTING SOCIETIES

Mia Garlick, March 23rd, 2006

Spanish bar owner does not have to pay license fees to Spain’s primary collecting society for CC-licensed music

Barcelona, Spain & San Francisco, USA — March 23, 2006

Last month, the Lower Court number six of Badajoz, a city in Extremadura, Spain, ruled that a bar owner did not have to pay license fees to the main Spanish collecting society — Sociedad General de Autores y Editores (“SGAE”) for his use of Creative Commons-licensed music.

In the Fall of 2005, the main SGAE sued Ricardo Andrés Utrera Fernández, the owner of Metropol, a disco bar located in in Badajoz alleging that he had failed to pay SGAE’s license fee of 4.816,74 € for the period from November 2002 to August 2005 for public performance of music managed by the collecting society.

On February 17th, 2006, the court rejected the collecting society’s claims because the owner of the bar proved that the music he was using was not managed by the society. The music performed in the bar was licensed under CC licenses that allows that public display since the authors have already granted those rights. Specifically, the judge said:

“The author possesses some moral and economic rights on his creation. And the owner of these rights, he can manage them as he considers appropriate, being able to yield the free use, or hand it over partially. “Creative Commons” licenses are different classes of authorizations that the holder of his work gives for a more or less free or no cost use of it. They exist as … different classes of licenses of this type … they allow third parties to be able to use music freely and without cost with greater or minor extension; and in some of these licenses, specific uses require the payment of royalties. The defendant proves that he makes use of music that is handled by their authors through these Creative Commons licenses.“

The full text of the decision (in Spanish) is available here.

This case sets a new precedent because previously, every time that the SGAE claimed a license fee from a bar, a restaurant or a shop for public performance of music, the courts have ruled in their favor on the basis that the collecting society represents practically all the authors. This case shows that there is more music that can be enjoyed and played publicly than that which is managed by the collecting societies.

Unfortunately, the current membership requirements of collecting societies such as SGAE, which requires musicians to assign rights to the society, means that their members are currently unable to release their works to the public under a Creative Commons license. Consequently, all artists who choose to CC-license their creativity currently cannot be members of SGAE.

“This decision demonstrates that authors can choose how to manage their rights for their own benefit and anyone can benefit from that choice, too. I expect that collecting societies will understand that something has to change to face this new reality,” said Ignasi Labastida, Project Lead for Creative Commons in Spain.

“This case shows that both bar owners and Spanish courts recognize that there are new and diverse forms of music emerging,” Creative Commons Chairman & CEO Lawrence Lessig said, “I do hope, however, that we can work with SGAE and other collecting societies so that musicians have the freedom to choose when they want their music CC-licensed and when they want to be represented by a collecting society.”

About Creative Commons Spain

Creative Commons Spain is collaboration between Creative Commons Corporation and the University of Barcelona. For general Information (in Spanish) visit their site.

About Creative Commons

Creative Commons is a not-for-profit organization, founded in 2001, that promotes the creative re-use of intellectual and artistic works—whether owned or in the public domain. Creative Commons licences provide a flexible range of protections and freedoms for authors, artists, and educators that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. It is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation as well as members of the public. For general information, visit the group’s site.

Contact

Ignasi Labastida i Juan

Project Lead, CC Spain

Email

Mia Garlick

General Counsel, Creative Commons

Email

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CREATIVE COMMONS LICENSES LAUNCH IN MEXICO

Mia Garlick, March 16th, 2006

San Francisco, USA, Berlin, GERMANY, March 16, 2006

Creative Commons, a nonprofit dedicated to building a body of creative work free to share and build upon, today unveils a localized version of its innovative licensing system in Mexico.

Creative Commons copyright licenses are available free of charge from the group’s website. The licenses allow authors and artists to mark their works as free to copy or transform under certain conditions—to declare “some rights reserved,” in contrast to the traditional “all rights reserved”—thereby enabling others to access a growing pool of raw materials without legal friction.

Staff at Creative Commons’ offices in San Francisco and Berlin worked with Project Leads Leon Felipe Sanchez Ambia, and Jorge Ringenbach to adapt the standardized licenses to Mexican law. Creative Commons Mexico is being supported by Fulton & Fulton, S.C.

Today the Mexican versions of the Creative Commons licenses will be launched in Mexico City, at a ceremony held in the Andromeda Ballroom at the Hotel Nikko Mexico. At the event that is hosted by Fulton & Fulton, S.C., Professor Lawrence Lessig (Chairman and CEO of Creative Commons) will give the keynote address. As part of the launch event, Emilio Saldaña Quiñones, Joint Director General of the Presidency’s Internet System, will be addressing a speech on the adoption of Creative Commons licenses by the Mexican Presidency to release all of their content published on the internet under a BY-NC-ND 2.5 license.

Leon Felipe Sanchez says, “We got involved in this project focused on the benefits it would carry to, mainly, young creators who are willing to share their works and build upon others’ works as part of the cultural growth in our country. As lawyers, we also wanted to help the authors get back their power to decide what best suits their needs in relation to their works. We’re living in a time in which commerce has constrained author’s rights to the will of big enterprises and this isn’t helping anyone else but them”.

Says Jorge Ringenbach “We believe that advanced contracting and intellectual property issues are matters that have great involvement with today’s technology changes, so what a better way to get involved in such issues that with a project with a noble cause that helps culture spread in a more friendly way.”

About Fulton & Fulton, S.C.

Fulton & Fulton, S.C., founded in 2002, is a premium level, young attorney’s law firm with wide experience on intellectual property law based in Mexico City. The attorneys are committed with keeping updated on every issue the firm is involved. Fulton & Fulton leads the legal porting project for CC in Mexico as a pro-bono activity that pursues to contribute on the research and development of new ways to understand and use intellectual property rights. More information about Fulton & Fulton, S.C. is available at at their website.

About Creative Commons

Creative Commons is a not-for-profit organization, founded in 2001, that promotes the creative re-use of intellectual and artistic works—whether owned or in the public domain. Creative Commons licences provide a flexible range of protections and freedoms for authors, artists, and educators that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. It is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation as well as members of the public. For general information, visit the group’s site.

Contact

Christiane Henckel von Donnersmarck

Executive Director

Creative Commons International, Creative Commons

Email

+49.30.280.93.909

Press Kit

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CREATIVE COMMONS LICENSES UPHELD IN DUTCH COURT

Mia Garlick, March 16th, 2006

San Francisco, USA, & Amsterdam, The Netherlands, March 15, 2006

The first known court decision involving a Creative Commons license was handed down on March 9, 2006 by the District Court of Amsterdam. The case confirmed that the conditions of a Creative Commons license automatically apply to the content licensed under it.

The proceedings arose when former MTV VJ and podcasting guru Adam Curry published photos of his family on the well-known online photo-sharing site Flickr under a Creative Commons Attribution-Noncommercial-Sharealike license. The Dutch tabloid Weekend reproduced four of the photos in a story about Curry’s children.

Curry sued Weekend for copyright and privacy infringement. As to the copyright claim, Weekend argued that it was misled by the notice ‘this photo is public’ (which is a standard feature of all Flickr images that are viewable by the public), and that the link to the CC license was not obvious. Weekend had assumed that no authorization from Curry was needed. Audax, the publisher of Weekend, argued that it was informed of the existence of the CC license only much later by its legal counsel.

The Court rejected Weekend’s defense, and held as follows:

“All four photos that were taken from www.flickr.com were made by Curry and posted by him on that website. In principle, Curry owns the copyright in the four photos, and the photos, by posting them on that website, are subject to the [Creative Commons] License. Therefore Audax should observe the conditions that control the use by third parties of the photos as stated in the License. The Court understands that Audax was misled by the notice ‘This photo is public’ (and therefore did not take note of the conditions of the License). However, it may be expected from a professional party like Audax that it conduct a thorough and precise examination before publishing in Weekend photos originating from the Internet. Had it conducted such an investigation, Audax would have clicked on the symbol accompanying the notice ‘some rights reserved’ and encountered the (short version of) the License. In case of doubt as to the applicability and the contents of the License, it should have requested authorization for publication from the copyright holder of the photos (Curry). Audax has failed to perform such a detailed investigation, and has assumed too easily that publication of the photos was allowed. Audax has not observed the conditions stated in the License […]. The claim […] will therefore be allowed; defendants will be enjoined from publishing all photos that [Curry] has published on www.flickr.com, unless this occurs in accordance with the conditions of the License.”

The full text of the decision (in Dutch) is available here.

“We are very happy with this decision as it demonstrates that the millions of creators who use creative commons licenses are effectively protected against abuses of their willingness to contribute to the commons,” said Paul Keller, Public Project Lead for Creative Commons in the Netherlands.

“This decision confirms that the Creative Commons licensing system is an effective way for content creators to manage their copyrights online,” said Lawrence Lessig, Creative Commons CEO & Chairman, “The decision should also serve as a timely reminder to those seeking to use content online, to respect the terms that apply to that content.”

About Creative Commons Netherlands

Creative Commons Netherlands is collaboration between Creative Commons Corporation, Waag Society, Netherland Knowledgeland Foundation and the Institute for Information Law of the University of Amsterdam. Creative Commons is supported by the Dutch Ministry for Education, Culture and Sciences. For general Information (in Dutch) visit their site.

About Creative Commons

Creative Commons is a not-for-profit organization, founded in 2001, that promotes the creative re-use of intellectual and artistic works—whether owned or in the public domain. Creative Commons licences provide a flexible range of protections and freedoms for authors, artists, and educators that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. It is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation as well as members of the public. For general information, visit their site.

Contact

Paul Keller
Project Lead
CC Netherlands, Amsterdam
Email

Mia Garlick
General Counsel
Creative Commons, San Francisco
Email

Press Kit

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CREATIVE COMMONS LICENSES OFFERED IN BULGARIA

Mia Garlick, March 15th, 2006

San Francisco, USA, Berlin, GERMANY – March 14, 2006

Creative Commons, a nonprofit organization that provides a flexible copyright licenses for authors and artists, recently unveiled a localized version of its innovative licensing system in Bulgaria.

Creative Commons copyright licenses are available free of charge from the group’s website. The licenses allow authors and artists to mark their works as free to copy or transform under certain conditions—to declare “some rights reserved,” in contrast to the traditional “all rights reserved”—thereby enabling others to access a growing pool of raw materials without legal friction.

Staff at Creative Commons’ offices in San Francisco and Berlin worked with Project Leads Veni Markovski and Dessi Pefeva of the Internet Society Bulgaria, to adapt the standarized licenses to Bulgarian law. Creative Commons Bulgaria is hosted by the Internet Society Bulgaria (ISOC-Bulgaria) and supported by the Open Society Institute.
Says Veni Markowski, “We are proud of the achievements of the Creative Commons community in Bulgaria. This is a success for Bulgaria, and for all authors – an ever increasing number of them use Creative Commons’ licenses to publish their works.“

“There are new CC initiatives every day in Bulgaria – see open-culture.net
or the Bulgarian netlabels – stretching-spaces.net, ouim.net and mahorka.cult.bg. There’s even a whole audiolab, called VOXXLab, which gives young musicians opportunity to record their music free of charge, if they license their music under CC”, said Dessi Pefeva, CC project coordinator.

About ISOC-Bulgaria

Founded in 1995, among its main aims is to support free and open development of the Internet in Bulgaria and freedom of speech, access to information and basic human rights in the Information Society. ISOC-Bulgaria recently has been working on changes in the legal framework in Bulgaria. ISOC-Bulgaria has about 600 members, among them the President of the Republic of Bulgaria Georgi Parvanov, the Prime Minister Sergey Stanishev, the former President, and the former Prime Minister, many distinguisged IT-professionals, scientists, and experts. ISOC Bulgaria is working with the United Nations Development Program and under the European Union 6th Framework Program on promoting Free and Open Source Software in the administration. For more information about ISOC Bulgaria, visit their site.

About Creative Commons

Creative Commons is a not-for-profit organization, founded in 2001, that promotes the creative re-use of intellectual and artistic works—whether owned or in the public domain. Creative Commons licences provide a flexible range of protections and freedoms for authors, artists, and educators that build upon the “all rights reserved” concept of traditional copyright to offer a voluntary “some rights reserved” approach. It is sustained by the generous support of various foundations including the John D. and Catherine T. MacArthur Foundation, the Omidyar Network Fund, the Hewlett Foundation, and the Rockefeller Foundation as well as members of the public. For general information, visit their website.

Contact

Christiane Henckel von Donnersmarck

Executive Director, Creative Commons International, Creative Commons

Email

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