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cc-licenses - Re: [cc-licenses] How to license a non-cc song to a video?

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Subject: Development of Creative Commons licenses

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  • From: Harlan Lieberman-Berg <sysadmin AT tacticalbusinesspartners.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] How to license a non-cc song to a video?
  • Date: Thu, 19 Jan 2006 22:58:50 -0500

On Thu, 2006-01-19 at 10:05 -0800, Mike Linksvayer wrote:
> On Thu, 2006-01-19 at 09:55 +0100, faskine AT web.de wrote:
> > The band wants to keep as much rights as possible on that song, but is
> > willing to allow me to use the song for non-commercial use in my video.
> >
> > I will ask them to release that song under the "Attribution
> > Non-commercial No Derivatives (by-nc-nd)" license, but I think the band
> > is not willing to do that.
>
> by-nc-nd wouldn't suffice for your use anyway, as you're making a
> derivative work. See
> http://creativecommons.org/licenses/by-nc-nd/2.5/legalcode
>
> synchronization of the Work in timed-relation with a moving
> image ("synching") will be considered a Derivative Work for the
> purpose of this License.
>
Yes, this is correct. But, there's a little way around that, if they
want it not to be edited. If they release their song to you through the
copyright system, and then you release the video under a No Derivatives
license, then their song can't be changed.
> You'd need by-nc-sa, by-nc, by, or pd.
>
> > So which kind of contract/statement do I need from the band to be able to
> > publish the video under CC (by-nc-nd)?
>
> I guess you need an agreement with them that allows you to do just that.
> I am not a lawyer, you may wish to consult one.
I agree. You should get a lawyer to draw up a contract. One who is
familiar with copyleft.
>
> > Many greetings, CC rocks! I use it for all my own works,
>
> Thanks!
>




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