How I Learned to Stop Worrying and Love the Video
As you may know, I am usually releasing my footage under the CC-BY 3.0 license. This license basically just asks for attribution if you reuse the work. There are some dangers though. What if some of your footage is used as an opening shot for a porn movie? Or what if a Neo-Nazi group uses some of your footage for their video propaganda? You see, if that’s not enough that controversial entities are using your footage, your NAME will be on their credits roll! Try to explain to CIA, NSA and FBI that you had nothing to do with it.
I had a long thought about this today, and I researched around a bit more. The CC-BY includes the following clause: “You must not distort, mutilate, modify or take other derogatory action in relation to the Work which would be prejudicial to the Original Author’s honor or reputation“. At first, this clause sounds good. But then, you realize that the artist’s “moral rights” (as this thing is called), are not defendable in every country. For example, in USA this protection does not always work because the “moral artist rights” here have a very specific meaning in the copyright law that only applies to some bizarre cases about photography. In Canada, some European countries and Japan, this clause could protect you. But in any case, you wouldn’t know for sure until you sue. But do you really want to go that far for a bunch of cheap footage?
So, realistically speaking, I have three choices:
1. Drop the CC-BY and use a more restrictive Creative Commons license (that’d probably be CC-BY-NC-ND, as the CC-SA does not fully protect me either). Public Domain does not help me either, because by default the PD license can be dangerous for some other reasons, plus I won’t be able to find good music to accompany my videos — using a CC-BY song with a PD video asks for trouble.
2. Hire a lawyer and write a custom license, that has bits from the CC-BY and a modified “moral rights” clause that explicitly prohibits a (legally defined) immoral re-use of the work.
3. Stop worrying about it and let the federal agencies figure out that I was not part of any “scheme” out there that might have used my footage because of its liberal license and has subsequently credited me for it.
I choose #3. Let’s live a little, give something back to the world, and let the world decide what to do with that something. You can’t babysit everyone in this world. Although I wouldn’t be happy if my footage is misused in ways that put me in trouble or defame me.
Update: My JBQ, who can read legalese as comfortably as reading Harry Potter, believes that the quoted CC-BY wording above is legally strong enough to protect the licensor from immoral adaptations of his/her works, even in US. So, we are all good. 🙂