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cc-licenses - Re: DJ mixing and derivative works?

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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/
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