[cc-community] What does NC means?
Peter Brink
peter.brink at brinkdata.se
Mon Sep 17 00:31:45 EDT 2007
drew Roberts skrev:
> On Sunday 16 September 2007 04:07 pm, Peter Brink wrote:
>> drew Roberts skrev:
>>> On Sunday 16 September 2007 06:13 am, Peter Brink wrote:
[snip]
>>>
>>> * 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.
>
> I think I am going to need more of an explanation in order to understand
> this. Would you be so kind as to try?
>
Let's say that a author writes a poem then that this is a work. Then a
composer creates a music score so that one can sing the poem, this is a
new independent work. Later a musician comes along and makes a nice
arrangement of the music score, the arrangement as such can also be a
copyrightable work. It's independent from the music score. It's used to
perform the music score which in turn is used to perform the poem.
The performing artist gets a independent performance neighbouring right
(which is not a work) if the set of works are publicly performed. The
producer gets an independent recording neighbouring right (which is not
a work) if the set of works are recorded. In both these cases the three
copyright holders need to be asked permission in order to perform or
copy the works.
In Europe a product that can easily be independently double created
(such as most source code) is not considered original enough for it to
qualify for copyright protection.
>
> So, are you saying that the sound recording, while it can get a copyright on
> its own, is not considered a derivative work of the original? It somehow
> stands alone?
Please remember that the rules of copyright law are _not_ the same
across the globe. The US implementation of the principles of the Berne
convention and other treaties does not constitute a global norm.
In Europe the producer of a sound recording receives an independent
neighbouring right to any recording he does. There is no requirement of
originality. This is thus _not_ a copyright (since a copyrightable work
needs to be original). The duration of the right is 50 years counting
from the publication date. The producer needs to secure a permission to
make the recording from the copyright holder of the work being recorded.
/Peter Brink
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