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cc-licenses - Share-Alike licence bug - makes radio broadcast impractical?

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Subject: Development of Creative Commons licenses

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  • From: David Chan <david AT sheetmusic.org.uk>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Share-Alike licence bug - makes radio broadcast impractical?
  • Date: Wed, 14 Jan 2004 22:11:36 +0000

Hi,

I co-maintain the Mutopia Project archive (http://www.MutopiaProject.org).
We've recently had contributors ask whether they could submit music
under a Creative Commons Share-Alike licence. In principle we're very
keen on the idea, but there seems to be a bug in the licence which
affects sheet music:

> 3. Subject to the terms and conditions of this License, [you may ...]
> distribute copies or phonorecords of, display publicly, perform
> publicly, and perform publicly by means of a digital audio
> transmission Derivative Works;
> [...]
> 4. Restrictions. [...] You must include a copy of, or the Uniform
> Resource Identifier for, this License with every copy or phonorecord
> of the Work You distribute, publicly display, publicly perform, or
> publicly digitally perform.

Consider the following scenario:

1) I release some sheet music under a Creative Commons Share-Alike
licence.

2) You record a CD of this music (also under a Share-Alike licence).

3) Music Radio FM wishes to broadcast the music during their program.

To broadcast the music, Music Radio FM would have to follow it with an
announcement saying "and the licence for that last piece is available at
http://creativecommons.org/licenses/sa/1.0/"; - or else read the whole
licence out. In practice, this makes music licenced under a Share-Alike
licence very awkward for a conventional radio station to use.

I don't think this is an intended consequence of the licence. If not,
how should this be fixed? I think the same problem exists with other
licence options, e.g. Attribution.

Many thanks,
--
David Chan,
Mutopia project co-maintainer
http://www.MutopiaProject.org




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