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Subject: Development of Creative Commons licenses
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- From: Evan Prodromou <evan AT wikitravel.org>
- To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
- Subject: Re: DJ mixing and derivative works?
- Date: Thu, 29 Jan 2004 15:12:50 -0500
>>>>> "AS" == Aaron Swartz <me AT aaronsw.com> writes:
AS> I'm no lawyer, but I expect that fading it and talking over it
AS> is not considered a derivative work, but pure performance (and
AS> thus allowed).
I'm not a lawyer, either: just a loudmouth. I find this a fascinating
question, though. Obviously, there's a definition of Derivative Work
in the Copyright Act
(http://www.bitlaw.com/copyright/scope.html#derivative) and in the CC
licenses, but maybe it's not 100% clear what would count as a
derivative work.
In my (totally uninformed mind), a Derivative Work would at least have
to be a copyrightable work. That is, it would have to be fixed in some
way -- impromptu performance wouldn't count, I don't think.
To play on the safe side, of course, I think it might be best to treat
_any_ tranformation of the Work as a derivation. If the Licensor
required that NoDerivatives be made, well, tough nuts for them -- they
get no free performance of their work. And if the work is under a
ShareAlike license, and the DJ doesn't want to ShareAlike their
changes, well, they shouldn't use the source.
It's a big world, there's lots of music out there. Not really worth
sweating over the details about music that doesn't fit one's needs.
~ESP
--
Evan Prodromou <evan AT wikitravel.org>
Wikitravel - http://www.wikitravel.org/
The free, complete, up-to-date and reliable world-wide travel guide
-
DJ mixing and derivative works?,
Simon Carless, 01/29/2004
-
Re: DJ mixing and derivative works?,
Aaron Swartz, 01/29/2004
- Re: DJ mixing and derivative works?, Evan Prodromou, 01/29/2004
-
Re: DJ mixing and derivative works?,
Aaron Swartz, 01/29/2004
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