Re: News industry requirement: action "license"

On 13 Nov 2012, at 19:29, Michael Steidl (IPTC) <mdirector@iptc.org> wrote:

> -          As I have also some practical business experience with news exchange in Central Europe I know that law, or at least the courts, in this region make a clear difference between selling a good and licensing a good – as explained in my initial email: selling = all of the good, regardless if tangible or intangible, and all related rights are transferred from one party to another, a 1:1 transfer; while “licensing” = a copy of the tangible manifestation of the good and only limited rights to use it are transferred, if this is not an exclusive license (as for most real-world cases) it could be a 1:n transfer. (Aside: a key dispute was about software: what Microsoft etc. did was not understood as selling but as licensing.)

Thanks for that...

So the recommendation is that we update the "sell" definition to mean the transfer of all rights (and the actual asset, no copy), and add a "license" action that means a copy of the asset and a limited set of rights (that may be expressed in nextRights?)



Cheers...
Renato Iannella
Semantic Identity
http://semanticidentity.com
Mobile: +61 4 1313 2206