lundi 22 avril 2013

"BY" (imperative to attribute when using a text) of Creative Commons : why bother ?

Ask for help against a piracy case on a text under BY 

CC-CY is saying
(human-readable summary of the Legal Code).

"You are free:

to Share — to copy, distribute and transmit the work
to Remix — to adapt the work
to make commercial use of the work

Under the following conditions:

Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work).


Definitely, the site owner should cite the author name and source with the text extract, don't you think so ?

Better late that never, and i would feel that the source owner would be fine.

As for the business model, i would feel that there are a lot of ways to add value on [top of ] a collection of texts.

 On the technical aspects :

"This might require reprogramming the site to add a citation field, and then entering that data on all existing sources".

Indeed, to innovate, you need to assess carefully the business context, the supply chain constraints,...

"With attribution, readers could skip the payment and then go look up the source themselves. "

There is no need for attribution [to find the source text]. Just use google with a couple of lines and the source text should pop up

"it is so important to him [the author] that he is willing to share it for free" (and that he doesn't care for attribution)

So why, to your opinion, has the author not placed the article into the public domain ? 

"If the site owner had not previously attributed the full text (...) then that would have been being a naughty boy"

To comply with CC-BY, would you suggest to apply the rule :

under CC-BY, you have to attribute if and only if you use the full text

or said differently,

under CC-BY, you do not need to attribute if you use only an extract of the text

  "Fair dealing or fair use laws normally make exceptions to copyright that permit certain restricted or limited uses of published work, regardless the will of the copyright owner"

"Normally", depending on regulation

As for France, L 122-5 says
"Lorsque l'oeuvre a été divulguée, l'auteur ne peut interdire :
Sous réserve que soient indiqués clairement le nom de l'auteur et la source :

Les analyses et courtes citations justifiées par le caractère critique, polémique, pédagogique, scientifique ou d'information de l'oeuvre à laquelle elles sont incorporées

So under French regulation, you should give attribution when you use an extract of the text.

Please note that the above is my own opinion based on my own experience and it is up to anyone who reads us to consult a qualified lawyer. 


 Now, from a business point of view, would you think that it would be fair enough to give attribution when you represent a distinctive extract of a text and in addition to show precisely what is borrowed ? 

thank you for sharing your thoughts.
Here are my quantum of thoughts.

For some people, fame might be a reason.

But i would believe that most of creators/inventors/authors/researchers/artists are simply expecting recognition.

As for the business motives, i would fully agree : attribution means knowledge, business trust, and professionnal services

* knowledge : any piece of thoughts has to be put in perspective to raise true knowledge. Attribution helps you to distinguish between a marketing pitch promoting private interests, an observation based on scientific research, an opinion founded on ideology...

* business trust : attribution helps to draw the line between information and disinformation

* professionnal/educational services : as you say, allow creators/inventors/researchers/artists to raise a family.

An "information governance" that all industrial sectors but culture/media/communication sectors, should take inspiration is the governance of the academical sphere to ensure ethical and intellectual integrity : i would feel that ethical and intellectual integrity increase innovative capabilities.

Let me point you at some pages (under CC-BY-SA) called "The business impact of IP"

These pages present a concept named "Institute 2.20". I created Institute 2.20 by reacting to Enterprise 2.0 coined by Pr. Andrew McAfee on his blog on May 27. 2006.

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