CC Forum » General CC questions and answers [English]

legal consequences

(2 posts)

  1. DrScott
    Member

    I don't ask for concret legal support, but have a general legal question about the CC.

    Suppose i am the provider of a wiki and i made sure that only registered users can add content. On every "post" all users are forced to agree to "Your Content is CCed".

    Now, let's assume that others are using this content to redistribute it or to distribute a - again CCed - derived work.

    No problem so far.

    Now it turns out that some of my wiki contributors
    a) post content which is not their own
    b) deny the "declaration of intention"

    What about the consequences?

    Who is liable for compensation?
    a: The individual who posted at first? (What if i do not log user-content connection?) Or the "provider"? Any of the redistributors?
    b: Me, the provider? Any of the redistributors?

    Sure, this may depend on the juristication. But this is IMO a big issue for any individual which wants to use/provide CCed content:

    Am i save to do so, or do i have to face legal problems?

    Posted 1 year ago #

  2. jam
    Member

    The person that puts the CC license on the content is responsible for that (the way i see it) not the person that uses the content. Same would go for someone who puts something on myspace or youtube is responsible for that. If something is not as it should be and the site finds out about it, it would be common sense for that site to take it down. How could internet sites operate if everything had to be cleared by a copyright lawyers prior to that content being used? would'nt that just mean the net would be for publishers only. Is that what you/we would like?

    think about it though, if someone uploads property to myspace or youtube they don't own, or is in conflict with other contracts, as is the case for content uploaded to myspace for all artists with rights organizations outside the US. That content could also be removed, if the rights organization that controlled that content wanted that to happen or the owner of that content said so. Would that ever happen though? think most artists are happy for the promo of their creation anyway.

    The same problems that exist for CC content might apply to much of the content uploaded on the net.

    Doesn't it depend on how much power that service/person has, if legal consequences are going to happen?

    The rights organizations are happy to sue a venue that doesn't pay them for the use of their content, yet large internet services that brake their artist contracts in conjunction with that artists that are popular with their artists. What about that, what of the effect on the live music scene. Just double standards to suit the publishers and outlaw self publishing. Seems like everything is headed towards karaoke, what to do?

    Posted 1 year ago #

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