Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Tuesday 22 November 2005 09:46 pm, Evan Prodromou wrote:
> On Wed, 2005-23-11 at 10:34 +0900, wiki_tomos wrote:
> > I assume Evan will agree with me that if the WAV version presents
> > more details that are minimally creative (as to be copyrightable)
> > are missing from mp3 version, then the CC license covering the
> > mp3 file does not grant any permission about those details.
> >
> >
> >
> > Back to the Magnatune's case, if their WAV files contain
> > extra creative details that are missing from the mp3 versions,
> > then you cannot freely distribute the WAV files.
>
> So, if the process was in the reverse -- that one took a low-quality
> recording and through patience, expertise, and incredible technical and
> musical skill enhanced it with rich, colourful tones and vibrancy, well,
> yes, of course, there'd be creative content in the WAV that wasn't in
> the MP3.
>
> I think if there were even some selectivity on the part of the producers
> -- "Let's hold back some content by taking out these high vibrant
> trebles, and wash out these fabulous bass tones" -- then, yes, there'd
> be some creative work in the WAV that wasn't in the MP3.
>
> I'd be surprised if that was the case. Unless Magnatune (or whoever
> else) is unique, they crunch their WAVs through the same MP3 juicer as
> everyone else.
>
> But I'm hearing what you're saying, and there's merit in it. You could
> sway me with this argument; especially the fact that the creative
> content is intentionally held back.

Even if it is not intentionally held back, it is necessarily lost in any 
lossy 
compression play.

So, a lossless wav file of a losslessly compressed flac file would give the 
possessor an ability that the possessor of a lossy version would not have. 
The ability to transcode to another lossy format while still sounding fairly 
decent.

See the discussion on the net about transcoding mp3s to oggs and why this is 
not a great idea.

Do you know what realm the creativity has to be in? Could you argue that the 
creativity was in the use of the lossless and the lossy formats to enhance 
the ability of the creator to profit from his copyrights? (A stretch I know, 
but are there any legs on it?)
>
> ~Evan
all the best,

drew
-- 
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