[cc-licenses] Thoughts / Questions re ND
Andy Kaplan-Myrth
techlaw at uottawa.ca
Tue Apr 10 14:03:17 EDT 2007
Dana Powers wrote:
> 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.
I think one example would be a film scene with music in the background
of the scene. Imagine the scene takes place in a restaurant or bar with
CC-ND music playing in the background -- not as soundtrack that's been
added to become part of the scene, but music that's just going on in the
background of the scene. Or music that's on a car stereo in a car scene.
It hasn't been synchronized in a timed relation with the moving image,
it's just music going on in the background.
This isn't an adaptation of the song. I think the word "collection" is
confusing because this doesn't seem like a collection of a song and a
moving picture, but we should at least be able to agree that this isn't
an adaptation.
Cheers,
Andy
>
> 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
>>
>>
--
Andy Kaplan-Myrth LL.B., M.A.
Manager, Law & Technology, University of Ottawa
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