[cc-sampling] artistic credit?

Glenn Otis Brown glenn at creativecommons.org
Fri May 30 14:11:15 EDT 2003


> Another question I have is based on the following scenario: someone uses
> a
> chapter of one of my books as a chapter in an anthology, and argues that
> the
> anthology is a collage and therefore represents fair use rather than a
> subversion of the need to license my writing for their book. The same
> example could hold true for a song off an album included in a mixtape
> that
> is undoubtedly a collage but which adds nothing new to the individual
> songs.
> How would these cases be judged?

Under our current language the new use must be "highly transformative of
the original," which would seem to disqualify a simple anthology or
compilation.  Of course you can imagine an arguably hard case at the
extreme -- putting a children's song in the middle of a mix tape of hours
of hardcore metal would certainly change _something_ about how the
children's song sounded -- but there will always be hard cases.  

Glenn











On Fri, 30 May 2003 12:23:10 -0400, "john" <john at dx.org> said:
> 
> Hi,
> 
> I've just been read the draft license and i think it is both well worded
> and
> highly practical.  One issue that is not acknowledged in the draft - or
> in
> the discussion - is the question of crediting original work. I can't
> decide
> whether I think this should be a requirement of all sampling, and
> certainly
> if someone is using many sources it could be a hassle, but there are
> certainly cases when I think it should be required, i.e. when a
> substantial
> portion of the original work is used as a substantial and identifiable
> portion of the authentically new work. It seems fair that the creator of
> the
> sampled work should benefit from being recognized as a key contributor to
> the audience's artistic enjoyment even if he/she does not ask a licensing
> fee.
> 
> Another question I have is based on the following scenario: someone uses
> a
> chapter of one of my books as a chapter in an anthology, and argues that
> the
> anthology is a collage and therefore represents fair use rather than a
> subversion of the need to license my writing for their book. The same
> example could hold true for a song off an album included in a mixtape
> that
> is undoubtedly a collage but which adds nothing new to the individual
> songs.
> How would these cases be judged?
> 
> Cheers,
> John Sobol
> 
> Digitopia Blues - Race, Technology and the American Voice
> Banff Centre Press, 2002
> 
> john at globalhood.net
> 
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> http://lists.ibiblio.org/mailman/listinfo/cc-sampling
> 
---------------------
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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