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cc-licenses - Re: [cc-licenses] CC Sampling Plus to BY-SA

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Subject: Development of Creative Commons licenses

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  • From: Mike Linksvayer <ml AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] CC Sampling Plus to BY-SA
  • Date: Thu, 16 Feb 2006 08:42:59 -0800

On Thu, 2006-02-16 at 07:43 -0500, drew Roberts wrote:
> I was having a discussion in irc (freenode) in #lad (linux audio
> developers)
> with thorwil as to whether you could use samples from a sampling plus
> licensed work in your mashup/etc (legally) and then release your resulting
> license under a BY-SA. Thoughts? It seems to me, you could release under
> any
> license you want so long as you lived up to the requirements of 3.a.(i&ii).
> Am I correct or mistaken?

My understanding (IANAL, blah blah) is that you may be correct in a
narrow sense but mistaken for practical purposes. You might be able to
release under by-sa work that incorporates sampling+ work so long as you
comply with sampling+ terms for the incorporated bits, but because by-sa
license properties are not a (more restrictive) superset of sampling+
anyone who accepted the by-sa license from you would be misled about
their rights, which would not include using the bits that incorporate
the sampling+ work in advertising (if that sounds simple at first blush,
remember that so does NC).

sampling+ and nc-sampling+ ironically make mixing with other CC licenses
problematic, which is why ccMixter has encouraged people using
[nc-]sampling+ to migrate to by[-nc]. The plain 'sampling' license of
course does not have an analog...

--
Mike Linksvayer
http://creativecommons.org/about/people#21





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