[cc-sampling] Copyright of Derivative Work

mark / negativland markhosler at charter.net
Sat May 24 02:30:53 EDT 2003


At 11:29 AM -0400 5/23/03, Sarah Brown wrote:
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>>All advertising and promotional uses of a commercial nature 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.
>
>What happens to the copyright of the Derivative Work?
>
>It seems you may need some language that says something like "The
>Derivative Work as a whole can be copyrighted, however only those
>aspects that are not a part of the original are protected."
>
>If you don't, would something like this be able to happen?
>
>I want to use a song in a car commercial, but it's covered by this
>license, so I can't. Instead, I take that song and make a new one--say
>I add 24 hours of a baby crying before the song, and then 24 hours of
>a baby laughing after the song. (It wouldn't really matter what you
>added--you'd just need to substantiate that the complete original was
>an "insubstantial portion" of your Derivative Work.)  Then, couldn't I
>just use a section of "my" song, which I've copyrighted, that was
>mostly just the original song I'd wanted to use?

I knew someone would come up with a weird scenario like this! Funny.
Well, I don't know the answer here, but perhaps  this use isnt in 
"good faith""??

And perhaps adding the extra language you suggest is a good idea.

Glenn- who and how are the good points raised on this list going to 
be  kept track of and possibly implemented??

Mark

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