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  • From: "Andres Guadamuz" <a.guadamuz AT ed.ac.uk>
  • To: <creative-friends AT lists.essential.org>
  • Cc: 'cc-uk' <cc-uk AT lists.ibiblio.org>
  • Subject: [Cc-uk] RE: [Creative-friends] CC for music -- legal question
  • Date: Mon, 7 Mar 2005 15:06:55 -0000

Tom,

I have to agree with you. I would only point out that we can assume that
most people who are offering their sound recordings through CC licences are
not particularly litigious and will not initiate infringement suits for
lyrics vs. sound recordings.

BTW, I am copying this to the CC-UK list to get feedback from more people.

-------------------------
Andres Guadamuz
AHRB Research Centre for Studies in
Intellectual Property and Technology Law
Old College, South Bridge
Edinburgh EH8 9YL

Tel: 44 (0)131 6509699
Fax: 44 (0)131 6506317
a.guadamuz AT ed.ac.uk
http://www.law.ed.ac.uk/ahrb/

-----Original Message-----
From: creative-friends-admin AT lists.essential.org
[mailto:creative-friends-admin AT lists.essential.org] On Behalf Of Tom Chance
Sent: 07 March 2005 14:49
To: creative-friends AT lists.essential.org
Subject: Re: [Creative-friends] CC for music -- legal question


Andres,

Can you help me understand one more thing then? If it only covers the
recording, what use is it? I mean, if somebody uses the very liberal
Attribution license, they are saying: you can remix and rework my music in
any way you wish, and then you can distribute it as you wish.

But it seems like you can't, because as soon as you do any of that you're
violating the copyright on the components of the composition.

Isn't that right? If it is, it basically makes CC licenses useless for
music, surely, unless the artist is savvy enough to say that the license
covers every component?

Regards,
Tom

On Monday 07 Mar 2005 14:39, Andres Guadamuz wrote:
> Tom,
>
> I understand now, that is a very good question. From reading a Generic
> (read American) standard music CC licence, it seems evident that it is
> written with sound recordings in mind, as the grant specifies that the
> user will have the following rights:
>
> "to distribute copies or phonorecords of, display publicly, perform
> publicly, and perform publicly by means of a digital audio
> transmission the Work including as incorporated in Collective Works;"
>
> Therefore, I will retract myself and state that the licence only
> covers whatever work is being offered (usually a sound recording), as
> I think that it is good legal practice to assume that the licence is
> only for the specific work that is being offered at the moment. In
> other words, if you are releasing an MP3 version of your song and
> distribute it with a CC licence, then I believe that you are only
> licensing the sound recording. In a perfect world, each of the
> components should be licensed separately, but I am aware that there
> may be a lot of confusion from artists about this, and that we need to
> generate more awareness it this area.
>
> I think that this is a problem that that CC is aware of, but I don't
> see any specific recommendations from them. The only one that
> resembles this problem (that I can find) is this one:
>
> http://creativecommons.org/learn/artistscorners/musicians#special
>
> BTW, good question, I will be interested to see what others have to
> say.
>
> Andres
>
> -----Original Message-----
> From: creative-friends-admin AT lists.essential.org
> [mailto:creative-friends-admin AT lists.essential.org] On Behalf Of Tom
> Chance
> Sent: 07 March 2005 14:03
> To: creative-friends AT lists.essential.org
> Subject: Re: [Creative-friends] CC for music -- legal question
>
>
> Hi,
>
> I realise that you can choose, but what I'm wondering is when people
> don't make it explicit. I haven't come across a single CC-licensed
> piece of music where the owner says something like "only the recording
> is CC-licensed".
>
> Surely it's a bit pointless to release a recording under, say, the
> Attribution licence if you reserve all rights for the score, lyrics
> and so on?
>
> Do artists need to be explicit about what exactly they're releasing,
> or is it safe to assume that when a piece of music is put up under a
> CC license, they are licensing all rights?
>
> Regards,
> Tom
>
> On Monday 07 Mar 2005 13:47, Andres Guadamuz wrote:
> > I would say that in most cases it is "all of the above", but it
> > really depends on what is being licensed, and whether the author(s)
> > owns all of the assignable copyrights. IMO, it is acceptable to CC
> > license just the lyrics, or just the recording.
> >
> > -------------------------
> > Andres Guadamuz
> > AHRB Research Centre for Studies in
> > Intellectual Property and Technology Law
> > Old College, South Bridge
> > Edinburgh EH8 9YL
> >
> > Tel: 44 (0)131 6509699
> > Fax: 44 (0)131 6506317
> > a.guadamuz AT ed.ac.uk
> > http://www.law.ed.ac.uk/ahrb/
> >
> > -----Original Message-----
> > From: creative-friends-admin AT lists.essential.org
> > [mailto:creative-friends-admin AT lists.essential.org] On Behalf Of Tom
> > Chance
> > Sent: 07 March 2005 12:25
> > To: creative-friends AT lists.essential.org
> > Subject: [Creative-friends] CC for music -- legal question
> >
> >
> > Ahoy,
> >
> > Just a thought that has come up from Remix Reading
> > (www.remixreading.org) after the discussion about copyright terms,
> > Elvis and Scott Loplin...
> >
> > If someone puts a piece of music up on the web and tags it with a CC
> > license, what are they licensing? The recording? The score? The
> > lyrics? All of the above?
> >
> > Regards,
> > Tom
> >
> > --
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> >
> > _______________________________________________
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