[cc-community] What does NC means?
Peter Brink
peter.brink at brinkdata.se
Mon Sep 17 00:49:11 EDT 2007
jonathon skrev:
> Peter wrote:
>
>> 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.
>
> Four. You forgot the performer.
The performer gets no copyright he might get a neighbouring right.
>
>> 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'll just point to my favorite example of two works that are more or
> less identical, USB-4 and NAS-27. They are enough to have separate
> copyrights, but similar enough that a casual reader won't know the
> difference. (Most scholars aren't able to tell which one they are
> reading,without looking at the title.)
It's entirely possible that two people, who have independently created
two identical works, gets two separate copyrights - if the probability
of that happening is remote. If the probability of independent
double-creation is fair then that imply that the product has a low level
of originality which in turn implies that the work fails 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.
>
> Three notes in a musical composition can be enough for the work to be
> a copyright violation.
And? Wasn't that what I wrote?
>
>> 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.
>
> The ND license does not grant that permission.
>
From the unported 3.0 BY-NC-ND:
1.i "Reproduce" means to make copies of the Work by any means including
without limitation by sound or visual recordings and the right of
fixation and reproducing fixations of the Work, including storage of a
protected performance or phonogram in digital form or other electronic
medium.
3. License Grant. Subject to the terms and conditions of this License,
Licensor hereby grants You a worldwide, royalty-free, non-exclusive,
perpetual (for the duration of the applicable copyright) license to
exercise the rights in the Work as stated below:
1. to Reproduce the Work, to incorporate the Work into one or more
Collections, and to Reproduce the Work as incorporated in the
Collections; and,
2. to Distribute and Publicly Perform the Work including as
incorporated in Collections.
...
/Peter Brink
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