Development of Creative Commons licenses

[Mike Linksvayer <ml AT creativecommons.org>]

On Thu, 2006-02-16 at 07:43 -0500, drew Roberts wrote:
> I was having a discussion in irc (freenode) in #lad (linux audio 
> developers) 
> with thorwil  as to whether you could use samples from a sampling plus 
> licensed work in your mashup/etc (legally) and then release your resulting 
> license under a BY-SA. Thoughts? It seems to me, you could release under 
> any 
> license you want so long as you lived up to the requirements of 3.a.(i&ii). 
> Am I correct or mistaken?

My understanding (IANAL, blah blah) is that you may be correct in a
narrow sense but mistaken for practical purposes.  You might be able to
release under by-sa work that incorporates sampling+ work so long as you
comply with sampling+ terms for the incorporated bits, but because by-sa
license properties are not a (more restrictive) superset of sampling+
anyone who accepted the by-sa license from you would be misled about
their rights, which would not include using the bits that incorporate
the sampling+ work in advertising (if that sounds simple at first blush,
remember that so does NC).

sampling+ and nc-sampling+ ironically make mixing with other CC licenses
problematic, which is why ccMixter has encouraged people using
[nc-]sampling+ to migrate to by[-nc].  The plain 'sampling' license of
course does not have an analog...

-- 
  Mike Linksvayer
  http://creativecommons.org/about/people#21