[cc-licenses] Clarification needed regarding collective works & derivative works in the context of podcasts / dj mixes

Mike Linksvayer ml at creativecommons.org
Sat Sep 16 03:10:23 EDT 2006


On Sat, 2006-09-16 at 03:56 +0200, Michael Nottebrock wrote:
> This is about music released under *-*-noderivs. Do downloadable
> (podcasted) dj mixes (where one piece of music is usually crossfaded
> into another, played at a different pitch than the original and the
> pieces are usually not played in their entire length) constitute a
> collective work or a derivative work?
>
> If they are considered a derivative work, would playing the
> noderivs-pieces of music at their original pitch, without
> crossfading/mixing and in their entire length make it a collective work?

Here's what http://wiki.creativecommons.org/Podcasting_Legal_Guide says:


        NoDerivatives - this license requires that any copy of the work
        you make is verbatim; in other words, you may not change the
        work, such as, for example, translating a textual work into
        another language or dramatizing an existing work. You can,
        however, still include a NoDerivatives licensed work as part of
        another, larger work (known as “collective works”). For example,
        you can include several pieces of music together to form a
        collective work, as long as the work itself is unaltered. You
        cannot, however, mash up a NoDerivatives-licensed recording with
        another recording because that would constitute a derivative
        work.



-- 
  http://wiki.creativecommons.org/User:Mike_Linksvayer




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