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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: drew Roberts <zotz AT 100jamz.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 16:07:52 -0500

On Tuesday 22 November 2005 10:37 am, Evan Prodromou 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.

If so, what about my example of photos at different resolutions?

See:

http://www.lulu.com/zotz

and:

http://www.ourmedia.org/node/85937

>
> ~Evan
all the best,

drew
--
http://www.archive.org/search.php?query=creator%3A%22drew%20Roberts%22




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