[cc-licenses] Clarification of "sampling"
hancock at anansispaceworks.com
Tue May 22 23:51:37 EDT 2007
What licensing limitations exist with respect to derivations made via
sampling of "CC Sampling" or "CC Sampling Plus" licenses?
I'm seeing apparent contradictions between the "deed" promises and the
actual wording of the license.
Here is the language (from version 1.0) that appears to grant the right
to use samples.
However, it seems to be quite vague on the subject of how the license
affects the use of sampled works. Note that it permits you to "create
and reproduce" derivative works, but it doesn't say what terms can apply
to them. For example, it would seem intuitive that one could re-license
sampled works under other licenses (if not, the effect would be
3. License Grant & Restrictions. Subject to the terms and conditions
of this License, Licensor hereby grants You a worldwide,
royalty-free, non-exclusive, perpetual (for the duration of the
applicable copyright) license to exercise the rights in the Work as
stated below on the conditions as stated below:
a. Re-creativity permitted. You may create and reproduce Derivative
Works, provided that:
i. the Derivative Work(s) constitute a good-faith partial or
recombined usage employing "sampling," "collage," "mash-up,"
or other comparable artistic technique, whether now known or
hereafter devised, that is highly transformative of the
original, as appropriate to the medium, genre, and market
ii. Your Derivative Work(s) must only make a partial use of
the original Work, or if You choose to use the original Work
as a whole, You must either use the Work as an insubstantial
portion of Your Derivative Work(s) or transform it into
something substantially different from the original Work. In
the case of a musical Work and/or audio recording, the mere
synchronization ("synching") of the Work with a moving image
shall not be considered a transformation of the Work into
something substantially different.
b. You may distribute copies or phonorecords of, display publicly,
perform publicly, and perform publicly by means of a digital audio
transmission, any Derivative Work(s) authorized under this License.
c. Prohibition on advertising. All advertising and promotional uses
are excluded from the above rights, except for advertisement and
promotion of the Derivative Work(s) that You are creating from the
Work and Yourself as the author thereof.
Terry Hancock (hancock at AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com
More information about the cc-licenses