[cc-licenses] Thoughts / Questions re ND
Dana Powers
dana.powers at gmail.com
Tue Apr 10 13:22:58 EDT 2007
I honestly can't think of how you could digitally combine a musical
work with a video without synching. Even the most basic arrangement,
having both start simultaneously, seems to fit the definition.
Either way, I think anyone would be crazy to rely on a possible
exception in the ND license and not just call the copyright owner and
clear rights.
dp
On 4/10/07, Thinh Nguyen <thinh at creativecommons.org> wrote:
> The key distinction is between "Collections" and "Adaptations"--which is
> subject to this "override" sentence: "For the avoidance of doubt, where the
> Work is a musical work, performance or phonogram, the synchronization of the
> Work in timed-relation with a moving image ("synching") will be considered
> an Adaptation for the purpose of this License."
>
> So if there is "synching" of the musical work to video, then the result is
> always an Adaptation, which is not permitted under the ND license. However,
> if the video and music are not synched, but instead meets the definition of
> Collection (the relevant part of the definition being: "is included in its
> entirety in unmodified form along with one or more other contributions, each
> constituting separate and independent works in themselves"), then it is a
> Collection and is permitted by the license.
>
> So it would not be accurate to say that the video can only be blank or
> noise, or that there are no circumstances under which you can combine video
> and an musical work licensed under ND. However, in most circumstances, a
> producer will probably want to introduce some element of synching in a
> movie, so the ND license may not be the best choice if that is what you
> intend the musical work to be used for.
>
> Thinh Nguyen
> Counsel, Science Commons
>
>
>
>
>
>
> _______________________________________________
> cc-licenses mailing list
> cc-licenses at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
More information about the cc-licenses
mailing list