[cc-sampling] video inquiry

MARK / negativland markhosler at bellsouth.net
Thu Apr 22 10:40:54 EDT 2004

At 9:22 AM -0400 4/22/04, jason daniels wrote:
>Thanks Mark and Don.
>I am interested in CC because I think that it is 
>a vehicle to promote the work itself and also my 
>intentions as an artist.  
>I was also hoping that a CC license could shelter me from any repercussions.

It can't. That's the part if the sampling license 
that doesn't work. Negativland can have a CC 
sampling license attached to our work, meaning 
you are free to  transformatively re-use *our* 
work...but the folks that *we* transformatively 
re-used in our work gave us no such permission. 
So you are not protected. What can happen when 
you sample a sampler? When you sample a sample 
that isn't cleared?

Personally we don't find sampling a sampler to be 
a very interesting creative avenue to pursue, so 
we never do it.

>  If I read correctly, the answer to that is 
>negative, but weighed in against 
>limited exposure and intent, it sounds like 
>a worthwhile risk.

Me, I'd say you have ZERO risk. Who will know or 
care about what you do? Realistically, no one. I 
am continually shocked at the chilling effect 
these laws and supposed threats have on artists 
who have literally nothing to worry about. Those 
silly  industry lawyers who *might* have noticed 
you are now far too busy worrying about thier 
entire business model collapsing and suing their 
customers. They don't care about someone selling 
a few thousand CDs or making a free download of 
their work. I personally think its safer than its 
been in over a decade to do this sort of work, 
but some may disagree with me.


>So, I think I will proceed with a license, even 
>though it will not provide legal shelter for 
>me.  I still have to determine which license 
>(attribution -noncommercial).  The sampling 
>license seems to encourage commerical use and 
>with all the damn logos that fly through this 
>piece sporadically I just freak out every once 
>in awhile trying to figure out what to do.  My 
>goal still is to post it for download and let a 
>few people enjoy it if they want to.
>must-see cities to the best beaches, plan a 
>getaway with the Spring Travel Guide!
>cc-sampling mailing list
>cc-sampling at lists.ibiblio.org

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