Technically it is
entirely possible to attach a Creative Commons
license to a sound recording - but does the law
permit it? This study examines the rights of
performers and producers in the sound recordings
they create, the collective management systems in
place for the exploitation of those rights, and the
relevant terms of the Creative Commons licenses. On
this basis, it attempts to assess whether Creative
Commons licenses can be attached to sound
recordings, whether the use of such licenses can be
combined with the collective management of related
rights in sound recordings and, if so, under what
circumstances and conditions this can be achieved.
The Creative
Commons model seems an attractice instrument for
public sector bodies that seek to enhance
transparent access to their information, be it for
purposes of democratic accountability or re-use for
economic or other uses. This study examined that
hypothesis and highlights the major opportunities
and pitfalls of the Creative Commons model for
public sector information. It assesses where there
is a match between the creative commons model and
the principles of freedom of information law and the
Public Sector Information Directive (EC Directive
2003/98 on the re-use of public sector information)
as implemented in the new chapter V-A of the Dutch
Freedom of Information Act (Wet Openbaarheid van
Bestuur). The assessment was made not only at the
more principled, abstract level, but also at the
level of the individual licensing terms. It is
preceded by an analysis of government information as
subject of intellectual property rights, under the
Dutch Copyright Act and the Database Act.
Conceived from
radically different visions of copyright,
American-bred Creative Commons and Old Europe-style
authors' rights (droit d'auteur) have more in common
than initially meets the eye. Focusing on the rights
and freedoms of creators, both systems recognize
certain inalienable moral rights, such as a right to
attribution and a right of integrity. Moreover, for
both systems to achieve their professed goals, it is
vital that copyright in works of authorship remain
with the actual creators, and not be transferred to
the media companies or collecting societies that
wish to exploit them. Therefore, certain statutory
limits to freedom of contract aimed at preventing
(overly) broad grants of rights are required. Strong
author-protective contract rules currently exist in
many traditional authors' rights countries, such as
France and Germany, and may serve as examples for
the United States.
Sinds 2004 zijn de
Nederlandse versies van de Creative
Commons-licenties beschikbaar. In dit artikel zal
een beeld worden geschetst van het ontstaan en de
onderliggende ideeën van Creative Commons. Verder
zal worden ingegaan op de doelgroep van Creative
Commons, het gebruik en de inhoud van de licenties
en de omzetting naar Nederlands recht.
