[cc-community] Copyright enforcement and CC BY-NC licenses
drew Roberts
zotz at 100jamz.com
Sat Aug 2 17:38:12 EDT 2008
On Saturday 02 August 2008 17:11:35 jonathon wrote:
> On Sat, Aug 2, 2008 at 10:26, drew Roberts wrote:
> > Jonathon, help me out here in my ignorance. Have you specifically chosen
> > a situation below which avoids the problem in the question posed?
>
> For music, as best as I can tell, there is no way to avoid that problem.
I am not sure we are understanding each other properly yet and I normally dont
feel this way with your posts. I am not sure where the problem stems from
this time, but something doesn't "feel" right.
>
> >Does person B need to make use of person A's BY-NC license to do this?
>
> Derivative work.
>
> Under US law, one is automatically allowed to make derivatives,
> provided the appropriate royalties/permissions are obtained.
Yes, but if one relies on the NC license instead of this option in the law?
> In other
> countries, the situation is more or less the same. (The major
> difference is whether or not the derivative work affects the moral
> rights of the content creator.)
>
> The NC license grants permission, providing the derivative work is not
> commercially used.
Right and I see at the bottom you indicate that collecting royalties on a
derivative can be considered non-commercial usage. I would like to hear your
thinking on this and anyone else's as well.
> [For the purposes of this discussion, "commercial usage" is defined as
> "non-gratis distribution of NC content on any physical media." (I'm
> over-simplifying things here.)]
Sure as a broadcast radio station playing a song on the air is surely
commercial usage as well per the license. Correct?
>
> > So. Just in case your example allows the early players to do what they do
> > outside of the confines of the upstream NC licensors...
> >
> > Person A writes words and music and records a song. Releases the whole
> > shebang under cc BY-NC-SA. (I added SA to avoid the complication of being
> > able to change the license downstream.
>
> That would be the release as sheet music.
>
> > Person B records a cover version with changed lyrics and releases as
> > BY-NC-SA as well.
>
> That would be the release as an ogg track.
>
> > Doesn't B using the NC license from A preclude B from using the work
> > commercially?
>
> Yes. However, one can still record a cover version, and release it,
> without it being "commercial" in nature. ( Distribution as a "thank
> you gift' for donations to a non-profit, is one example that the CC NC
> Guidelines offer.)
Yes they can, but surely then collecting royalties on the same would put it
over the top re commecrial usage? If not, why not?
>
> The commercial usage would be releasing the sheet music and OGG track
> on a DVD, that is then sold by CoSMos, Tower Records, and similar
> places. (OK, both Tower Records, and CoSMoS are out of business. The
> last time I bought a new CD that wasn't at a live performance was
> almost a decade ago. (That was a CD by 阿妹. I later discovered that
> had I sent her a dollar, she would have received more money, than my
> purchase of the CD earned for her.))
>
> > If so, how can B collect royalties? Isn't collecting royalties considered
> > a commercial use?
>
> Going by the CC licenses, and guidelines, collecting royalties need
> not be commercial usage.
Can you run us through an explanation of how this would work?
>
> xan
>
> jonathon
all the best,
drew
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