[cc-licenses] Thoughts / Questions re ND
zotz at 100jamz.com
Tue Apr 10 18:31:46 EDT 2007
On Tuesday 10 April 2007 06:00 pm, thinh at creativecommons.org 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.
> >>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.
> Perhaps, an interactive electronic work or a website that displays both
> video and audio, but not necessarily in any fixed relationship to each
> other would not involve synching and would not violate the ND condition.
> But I agree this is an exceptional situation.
> I agree that movies with a soundtrack almost always involves synching,
> because there is a defined, fixed time-sequence relationship between the
> motion picture and the sound track, and this is the commonly held meaning
> of the word "synching". That is why producers of movies always think it's
> a good idea to license "synching" rights for sound track music.
> I would also agree that it's not a good idea to rely on the exception for
> creating "Adaptations" which is expressed in "The above rights include the
> right to make such modifications as are technically necessary to exercise
> the rights in other media and formats, but otherwise you have no rights to
> make Adaptations." This seems to me like a very narrow exception (hence
> the words "technically necessary") to convert between formats. This
> language is just there to cover the potential argument that a format
> conversion is an "adaptation", but it should not be read to open the door
> to synching, because such an interpretation would render the special
> provision under the definition of Adaptation meaningless.
That makes a lot of senseand I lean towards thinking that is indeed right,
"The above rights may be exercised in all media and formats whether now known
or hereafter devised."
You have no right to excercise the rights above when the work is a musical
work and the other medium is film or video which makes that statement false.
You don't actually have the ability to excercise the rights in all media and
Also note, it does not just say all formats for the same media. It does say
all media and formats. Or does all media only mean all similar media? I mean,
isn't it technically necessary to put the music on the film or video to
excercise the above rights in that particular medium?
all the best,
(da idea man)
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