[WikiEN-l] Are movie trailers "free enough" for Commons?
Ray Saintonge
saintonge at telus.net
Thu Oct 2 17:27:45 UTC 2008
> geniice at gmail.com writes:
>
> Most life+whatever laws have not technically been tested so rejecting
> statute law until we have some case law isn't practical.
>
>
"Life + whatever" is clear enough that it is less likely to be
challenged directly, but there are any number of conceivable bases for
an indirect challenge:
* Does the plaintiff have a right of action as a direct heir of the
author's rights?
* Do the laws of a different country with a different "whatever"
come in to play?
* Does fair use apply?
* Did a joint author already act to license the work or put it into
the public domain?
* etc.
Ec
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