[cc-sampling] Copyright of Derivative Work

Glenn Otis Brown glenn at creativecommons.org
Sat May 24 19:08:05 EDT 2003


> > 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."

> Sarah's proposal above is nice, though I'm not sure if as-worded it would
> get around the example above. In any case, it's a big improvement that
> we'll put it in the "duly noted" column.  

On second thought, that language is probably great as is.  Will do some
homework . . . 




> 
> Are there any other problems this point raises? Can we imagine any
> scenario in which the Sampler deserves to claim some measure of
> protection in the Sampled material as incorporated into the new song?
> 
> Glenn
> 
> > 
> > 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?
> ---------------------
> Glenn Otis Brown
> Executive Director
> Creative Commons
> glenn at creativecommons.org
> +1.650.723.7572 (telephone)
> +1.415.336.1433 (mobile)
> _______________________________________________
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> 
---------------------
Glenn Otis Brown
Executive Director
Creative Commons
glenn at creativecommons.org
+1.650.723.7572 (telephone)
+1.415.336.1433 (mobile)



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