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cc-licenses - Re: [cc-licenses] Case study: Magnatune

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Subject: Development of Creative Commons licenses

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  • From: Marco Raaphorst <marco.raaphorst AT gmail.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Case study: Magnatune
  • Date: Tue, 22 Nov 2005 16:41:32 +0100

I think so too. If the format would matter, even changing an ID3-tag would create a new copy.

On 11/22/05, Evan Prodromou < evan AT bad.dynu.ca> wrote:
On Tue, 2005-22-11 at 11:56 +0000, Rob Myers wrote:
> Practical question:  Are the WAV files automatically under the same CC
> license?

I am not a lawyer, this is not legal advice.

No because they are different works.

The encoding of the same sounds will have different representations
as streams of numbers. Therefore they are different works, both
derivatives of the original recording or of the score if there is one.

"Hey, now, hey now, now."

MP3: 451365247426123624562467234
WAV: 985672485629581305487135713

Different derivatives of the same original (and if the MP3 is just a
derivative of the WAV the same applies).
I don't think that compression or conversion between formats is sufficiently transformative to make a derivative work. The works are not two derivatives of an original; they are identical.

~Evan


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