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cc-licenses - Re: [cc-licenses] cc-licenses Digest, Vol 40, Issue 1

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Subject: Development of Creative Commons licenses

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Chronological Thread  
  • From: "Ben McLean" <mclean.ben AT gmail.com>
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] cc-licenses Digest, Vol 40, Issue 1
  • Date: Wed, 5 Jul 2006 11:03:47 -0500

re: [cc-licenses] sampling + 1.0 and remix competition, with prize for winner
The latest version of FruityLoops is $99. But, if they submit remixes,
doesn't that imply that they already HAVE music software?

On 7/5/06, cc-licenses-request AT lists.ibiblio.org
<cc-licenses-request AT lists.ibiblio.org> wrote:
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Today's Topics:

1. sampling + 1.0 and remix competition, with prize for winner
(Nova Christopher)
2. Photo alongside text: collective or derivative (Henri Sivonen)
3. Re: Photo alongside text: collective or derivative (Peter Brink)
4. Re: sampling + 1.0 and remix competition, with prize for
winner (Nova Christopher)


----------------------------------------------------------------------

Message: 1
Date: Tue, 4 Jul 2006 20:05:23 -0700 (PDT)
From: Nova Christopher <n23ova AT yahoo.com>
Subject: [cc-licenses] sampling + 1.0 and remix competition, with
prize for winner
To: cc-licenses AT lists.ibiblio.org
Message-ID: <20060705030523.43288.qmail AT web60817.mail.yahoo.com>
Content-Type: text/plain; charset=iso-8859-1

Could I host a remix competition from the Wired
magazine samples, found on the ccMixter site? The
contestants would only be allowed to choose from
songs/samples that are under a "sampling + 1.0"
license. The "prize" would be music-making software
(or monetary equivalent, no more than $100 USD) to the
winner of this competition (I am not sponsored by any
software companies and would not be advertising for
them). The winning song(s) would then be released
online, for free.

I have read the license but am still not totally sure.

"You are free:

To sample, mash-up, or otherwise creatively transform
this work for commercial or noncommercial purposes.

To perform, display, and distribute copies of this
whole work for noncommercial purposes (e.g.,
file-sharing or noncommercial webcasting)."

Thanks in advance for any helpful comment.





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------------------------------

Message: 2
Date: Wed, 5 Jul 2006 13:23:13 +0300
From: Henri Sivonen <hsivonen AT iki.fi>
Subject: [cc-licenses] Photo alongside text: collective or derivative
To: Discussion on the Creative Commons license drafts
<cc-licenses AT lists.ibiblio.org>
Message-ID: <ADF619C5-DA04-44F9-9A3C-E3F30178F26D AT iki.fi>
Content-Type: text/plain; charset=US-ASCII; delsp=yes; format=flowed

Suppose a photo (or another image) is licensed under CC-by-sa 2.5.
Then suppose the photo is reproduced as an illustration next to text
(either on a Web page or on a printed page) so that the image is
neither modified (except scaled and subjected to whatever color
reproduction technology happens to be at hand) nor partially covered
in any way. That is, the photo can be saved intact from a Web page or
scanned intact (except for technical degradation) from a printed
page. The text refers to the image, so they aren't totally unrelated.

In that case, do the text and the photo form a Collective Work (and
the text does not need to be licensed under CC-by-sa 2.5) or do they
form a Derivative Work (and the text has to be under CC-by-sa 2.5)?

--
Henri Sivonen
hsivonen AT iki.fi
http://hsivonen.iki.fi/




------------------------------

Message: 3
Date: Wed, 05 Jul 2006 13:15:52 +0200
From: Peter Brink <peter.brink AT brinkdata.se>
Subject: Re: [cc-licenses] Photo alongside text: collective or
derivative
To: Discussion on the Creative Commons license drafts
<cc-licenses AT lists.ibiblio.org>
Message-ID: <44AB9F68.2080300 AT brinkdata.se>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed

Henri Sivonen skrev:
>
> In that case, do the text and the photo form a Collective Work (and
> the text does not need to be licensed under CC-by-sa 2.5) or do they
> form a Derivative Work (and the text has to be under CC-by-sa 2.5)?
>

I'd say it's a collective work. A derivative work is an expression that
owes its form (and not just its content) from another expression. An
expression might be dependent upon another as far as it's content goes,
such as a text commenting the contents of a picture, but that does not
mean that the text _derives_ from the picture. The text's form and
content is an independent expression influenced by the contents of the
picture. In the second paragraph of art. 4 of the Finnish Copyright Act
(http://www.wipo.int/clea/docs_new/en/fi/fi054en.html) this is expressed
as: "If a person has drawn freely on a work to create a new and
independent work, his copyright shall not be subject to the right in the
original work." In the Swedish Copyright Act the same idea is expressed
as: "If a person, in free connection with another work, has created a
new and independent work, his copyright shall not be subject to the
right in the original work." (4 ? 2 st.).

So I'd say that the text does not need to be licensed under CC-BY-SA 2.5.

/Peter Brink





------------------------------

Message: 4
Date: Wed, 5 Jul 2006 08:30:24 -0700 (PDT)
From: Nova Christopher <n23ova AT yahoo.com>
Subject: Re: [cc-licenses] sampling + 1.0 and remix competition, with
prize for winner
To: Discussion on the Creative Commons license drafts
<cc-licenses AT lists.ibiblio.org>
Message-ID: <20060705153024.40669.qmail AT web60822.mail.yahoo.com>
Content-Type: text/plain; charset=iso-8859-1

Also, there is no 'invoice' or receipt given for this
prize. It is simply an award given for doing a nice
job at music production.





> Could I host a remix competition from the Wired
> magazine samples, found on the ccMixter site? The
> contestants would only be allowed to choose from
> songs/samples that are under a "sampling + 1.0"
> license. The "prize" would be music-making software
> (or monetary equivalent, no more than $100 USD) to
> the
> winner of this competition (I am not sponsored by
> any
> software companies and would not be advertising for
> them). The winning song(s) would then be released
> online, for free.
>
> I have read the license but am still not totally
> sure.
>
> "You are free:
>
> To sample, mash-up, or otherwise creatively
> transform
> this work for commercial or noncommercial purposes.
>
> To perform, display, and distribute copies of this
> whole work for noncommercial purposes (e.g.,
> file-sharing or noncommercial webcasting)."
>
> Thanks in advance for any helpful comment.
>


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------------------------------

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