Re: [Gimp-developer] wgo, model releases, and cc licensing

[Pat David <patdavid gmail com>]

IANAL, but I think the rule of thumb for CC is that you should have all the
> requirements for a traditional copyright covered first.
> If you hold the copyright, then you're entitled to re-license your stuff
> with more permissive licenses like Creative Commons.


This was my understanding also, the tricky part is who is liable to secure
further rights if needed (a model release for instance). Is it always
assumed that the photog has when using cc licensed works?

Also, how does liability fall? If I use a cc licensed image, can I then be
liable for lawsuits if a release wasn't gotten for that image?


> But first make sure you have ALL the legal requirements for copyright
> covered. A portrait and most of the photos showing people faces require a
> model release if you want to present them as *your* work and protect them
> with a copyright.
> In most countries (if not all) the copyright and similar intellectual
> property rights preceed any other right, so if you want to share (via PD or
> CC licencese) you have to legally own the stuff.

This is where things get murky also. In the U.S. For instance, technically
I only usually need a model release for commercial use of the image. If it
was a fine art photograph that I was selling, I wouldn't normally need it
for instance. (Editorial falls here also).

Also, release or not, I will still always own the copyright (regardless of
ability to license the image further), unless specifically made as a work
for hire.



> If you took images published under permissive licenses (PD or CC) for your
> work, you shouldn't worry. The model release and the ownership are
> responsability of whoever publised the images under those licenses. In that
> case you only have to honor the conditions of the published license.

This is what I'm thinking also.

With all that said, however, I think requiring an MR for use on wgo is not
a bad idea, and normally isn't too much of a burden to ask for (peace of
mind for liability).


-- 
pat david
http://blog.patdavid.net