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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: rob AT robmyers.org
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Case study: Magnatune
  • Date: Wed, 23 Nov 2005 11:36:25 +0000

Quoting Daniel Carrera <daniel.carrera AT zmsl.com>:

Is the act of recording always considered a creative work? I'm a bit
surprised that it's copyrightable.

I could not read a score and perform a piece of music. I could not operate a
mixing desk. So skill is involved in producing a recording, and the resulting
work will be new (ie original) and substantial (ie several minutes of sound,
several megabytes of data).

It will however be a derivative of the score.

Non-European readers can go now. :-)

In the UK, where recording copyrights are only 50 years, the (p) will last
considerably less than the (c) on the score. Unless the score was public
domain, eg a Mozart piece.

Arranging a score or remastering a recording may attract new copyrights. I
haven't figured out how that works yet. But there was an extremely stupid case
in the UK recently where a scholar hired by a classical recording company to do
some trivial work on an old score got copyright on the results.

I am not a lawyer, &c.

- Rob.





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