[cc-community] What does NC means?
Peter Brink
peter.brink at brinkdata.se
Sun Sep 16 16:07:14 EDT 2007
drew Roberts skrev:
> On Sunday 16 September 2007 06:13 am, Peter Brink wrote:
>> jonathon skrev:
>>> What happens when:
>>>
>>> # somebody wants to distribute the hymnal as a resource for a Bible
>>> study program:
>>> * Ogg file;
>>> * mp3 file;
>>> * midi file;
>>> * Shape note music PDF/PNG;
>>> * Braille Music notation PDF and/or DDF. (DDF is a common Braille file
>>> format.) * Text file/HTMl/whatever that contains the lyrics;
>>> * Text file/HTMl/whatever that contains the guitar chords;
>>>
>>> # Creates an audio CD for the choir to listen to, to learn the words and
>>> music?
>>>
>>> Both of those involve the creation of "derivative works",even if the
>>> lyrics and melody haven't changed.
>> Neither of your examples involves the creation of a derivative work.
>> Producing a Braille Music notation or an html version of the work is the
>> same as making a copy of the work - which is permitted. Recording a
>> performance of the work and saving it as a mp3 file is not a derivative
>> work and it is allowed under all CC-licenses.
>
> Peter,
>
> surely this one:
>
> * Text file/HTMl/whatever that contains the guitar chords;
>
> may indeed go to a derivative as a new arrangement if the original was
> arranged for, say, four part vocal only.
An arrangement is, if it's at all copyrightable, a independent work. A
piece of music is thus really three works. The lyric, the music (the
notation) and the arrangement. But many (probably most) arrangements are
so trivial (in sense that they are very easy to independently
double-create) that they fail to qualify for copyright protection.
Making minor changes (such as editing) to a work does not make the new
version a derivative work - the changes need to be original.
>
> And in the US, you get a (P) copyright on a sound recording. So you get a new
> copyright but it is not considered a derivative? (I am ignorant here.)
>
The sound recording is (in Europe at least) a separate work. You do need
permission to do the recording from the copyright holder of the work
being recorded. Such a permission is given in the CC licenses.
/Peter Brink
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