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Could we sue iTunes for Creative Commons infringement?
March 20, 2007
A journalist from the Guardian in the UK called me today asking about my attempts to get iTunes to open up the DRM on my Premixed album, which is Creative Commons licensed. As you may know, ever since Steve Jobs made the announcement that he'd like the major labels to open up the DRM, there has been renewed requests by some including Larry Lessig to follow through on his words by opening up the DRM for CC licensed music on iTunes.
The truth is that I haven't really done very much, just sent that initial email, and then didn't follow up further after receiving a note back saying I could contact some other department (unfortunately I lost the email message after my laptop got stolen in June 2006). However, the journalist's call has given me a new reason to push a bit further. I'm going to write to my friend Bruno from Insead who I think may now be working at iTunes again to see what would need to happen in order to create some momentum.
The question the journalist asked me is: could someone sue iTunes for not respecting the copyright license that a musician has chosen for their music. I'm not sure. I don't really have any interest in suing anyone, but it's an interesting idea. I'll keep you updated.
Posted by Colin at March 20, 2007 10:35 PM
Comments
Suing might not be the best idea. But wouldn't it be better if iTunes simply adds Creative Commons licenses to their content and a logo on iTunes? In my opinion they need to do that in order to present CC material, since it's part of the license.
Posted by: Marco Raaphorst at April 20, 2007 12:10 PM
Yeah I agree that suing is definitely not a preferred option. But it does seem that iTunes (and other services) should have the legal responsibility to uphold the rights of artists who chose CC licensing by showing the license in the store.
Posted by: Colin ![[TypeKey Profile Page]](http://www.activefreemedia.com/nav-commenters.gif)
at April 22, 2007 4:26 PM
