[cc-community] CC license for download music

drew Roberts zotz at 100jamz.com
Sun Jun 1 13:06:33 EDT 2008


On Saturday 31 May 2008 21:04:31 Parker Higgins wrote:
> This is also just my assumption (need I point out that IANAL?) but I
> would think a different rip or encoding of the same recording WOULD be
> covered.  That seems reminiscent of another thread going on on this list
> right now, which seems to have concluded that different resolutions of
> the same photograph are considered one "work."  In the same way, I'd say
> different encodings of a recording are the same "work," but different
> recordings of the same song would not be.
>
> Universally in the music industry recordings have one set of copyrights
> and compositions another.

Sure, but I don't see how I can license a recording of one of my songs BY-SA 
and not have the underlying composition be BY-SA as well, or if I could, I 
don't see how it would make any practical difference.

You could make a derivative of the recording and end up with the 
composition...

I do most of my cc thinking from a BY-SA perspective so I can't postulate as 
to how this might play out with the other licenses...

> Again, IANAL, and TINLA, but I would think 
> that stating "Recordings licensed under ..." would not inadvertently
> license the underlying compositions.  In other words, if a record label
> wanted to sign you but only wanted to cut exclusive licenses to those
> songs, you could re-record and the new recordings would be sufficiently
> locked up.  (In fact, I am under the impression this happens all the
> time outside the realm of CC.)

I am pretty sure that tis is why artists will re-record a hit when they leave 
a record company which still holds the rights to the masters... Is that the 
right terminology?
>
> Best,
> Parker

all the best,

drew

>
> Lucas Gonze wrote:
> > I've been assuming that it covers the file, and the file alone, unless
> > you say otherwise.  For example a different rip or encoding of the
> > same underlying recording would not be covered, and a re-recording of
> > the song would not be covered.
> >
> > If you want to cover the composition, recording, sample rights, etc
> > you have to say so.
> >
> > best,
> > Lucas
> >
> > On Sat, May 31, 2008 at 4:05 PM, Ed Pybus <ed at slrecords.net> wrote:
> >> Hi,
> >>
> >> I'm wondering - if I make a track available for people to download for
> >> free under a CC license is it the 'song' or the recording that I'm
> >> issuing under a CC license.
> >>
> >> Would the band be able to re-record the track ie a new recording of the
> >> same 'song' and would then this recording to be affected by the original
> >> CC license?
> >>
> >> Cheers
> >>
> >> Ed
> >>
> >> --
> >> --------------------------
> >> S L    R E C O R D S
> >> +44 (0) 131 466 2009
> >> +44 (0) 7930 536 963
> >> ed at slrecords.net
> >> --------------------------
> >>
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