[cc-community] ND licenses and dj mixing

dj x∃n dj_xen at thereexists.us
Fri Mar 15 01:36:26 EDT 2013

On Tue, 12 Mar 2013 19:57:37 -0700 Mike Linksvayer <ml at gondwanaland.com> wrote:
> On Tue, Mar 12, 2013 at 11:23 AM, dj x∃n <dj_xen at thereexists.us> wrote:

> > I dj exclusively Creative Commons electronica every week and I've
> > been trying really hard not to use any works with ND clauses to them, as
> > it's not entirely clear to me whether crossfading, for example, counts as an
> > adaptive work. 
> > I've been tempted to use ND works, but it's unclear to me
> > whether or not it would be appropriate. It is clear to me that sampling, for
> > example, would indeed be an adaptation, as would any sort of mashup.
> It's never been clear to me when a subtractive operation (eg excerpt
> or track extraction) other than downsampling constitutes adaptation,
> in absence of anything else that would make the use an adaptation (eg
> synchronization, sometimes incorporation in a larger work). 
> I'd go with a conservative reading.

That's sort of what I was thinking. I would have loved to have heard otherwise, but this just confirms my suspicions. That being said…

> Have you ever asked artists to drop ND from whatever
> tracks/collections you're interested in? I know, a pain, but all would
> benefit.

I spread the question just about everywhere I go and encourage people to drop ND. Unfortunately, a lot of people are licensing their works very lacksidasically. I have people say "oh it doesn't matter, do what you want." Also I think keep react emotionally to the licenses without thinking about all of their implications. 

> BTW, how do you use (or not) SA works? :-)

Well, first, I create sound as well as play it, and everything is BY-SA for me. 

As far as the radio is concerned, I do make archives and typically license them as such, too. I realize there may be some disagreement among the various track licenses, but my thinking is that I'm really just licensing the show itself, i.e. the mixing and selecting, etc. I include links and everything so it's clear where to get the original (and of course, there's the original licensing). I need to add more voice-overs as it seems to be important to give attribution over the air.

This whole endeavour for me has been a real learning process. I started out just mixing copyrighted materials for friends and as interest grew, I started looking for more material and that's when I discovered Sonic Squirrel and Internet Archive. The more I grew interested in this material, the more I became curious on the licensing, especially as I was also moving everything to open source. Then I went 100% Creative Commons and shortly after, stopped using ND as I wasn't sure it was appropriate. The station is still a little one and I tend to know a lot of the folks I'm playing anyways, but I'm still trying to do it right.

Thanks for the thoughtful guidance.

dj x∃n
∃ (there exists) radio

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