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Subject: Development of Creative Commons licenses

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  • From: Glenn Otis Brown <glenn AT creativecommons.org>
  • To: DELETEALLCAPSemail AT greglondon.com, Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Cc:
  • Subject: Re: In Sync
  • Date: Wed, 26 May 2004 13:20:57 -0700


Is it copyright infringement to create a movie that
is timed in sync with someone else's song but does
not include the song?


that sounds like it's a private use that does not involve the making or distribution of a copy, and thus would not implicate copyright law -- and thus not the license.

I'm a software, Open Source, kind of guy, so I'm not
as familiar with Copyright as applied to other mediums.

Alice buys her favorite song, "The Wall", from Pink Floyd.
She then goes and makes a short libre movie with libre-dialogue
and libre soundtrack. The movie scenes are edited
and timed such that it would also sync with "The Wall".

If she gives this movie away for free saying it also
syncs with "The Wall", is that copyright infringement?

no


If Bob downloads Alice's short and decides he wants to hear
it with "The Wall" playing in the background, he could take
his CD that he already paid for and play it on his stereo.

This isn't the same as Alice mixing "The Wall"
into her movie and giving away someone elses
commercial work for free. Nor is it the same
as MGM using "The Wall" in a commecial movie
that plays in theatres without Pink Floyd's
permission.

The only way Bob can hear "The Wall" along with
Alice's movie is if he buys it.

If this is the case, then copyright exceeds
the defintion of intellectual "Property",
since I can sell a carbeurator kit that
only works if you bought a car from someone
else's factory. I don't build cars, I just
build kits you can install in your vehicle
that allows them to burn kitchen grease
instead of diesel.

http://www.greasecar.com

I don't need Toyota's permission to sell
greasecar kits. If you buy a kit from me
and you buy a car from Toyota, you can
do whatever you want with them.

If Bob buys the Pink Floyd song, he should
be able to mix them in his own home.

I'm either missing something, or corporate
copyright holders have bribed our legislators
again.





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