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cc-licenses - Re: [cc-licenses] sampling + 1.0 and remix competition, with prize for winner

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Subject: Development of Creative Commons licenses

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Chronological Thread  
  • 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] sampling + 1.0 and remix competition, with prize for winner
  • Date: Thu, 6 Jul 2006 16:31:40 -0400

On Thursday 06 July 2006 03:16 pm, Nova Christopher wrote:
> Well, I'm re-reading and getting more thoughts from
> others off-list, so here's the two main points of the
> license again:
>
> "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)."
>
> So basically, as long as the work is 'creatively
> transformed', it can be used commercially. sampling,
> mashing-up and creatively transforming is further
> defined:
>
> "Your Derivative Work(s) must only make a partial use
> of the original Work, or if You choose to use the
> original Work as a whole, You must either use the Work
> as an insubstantial portion of Your Derivative Work(s)
> or transform it into something substantially different
> from the original Work. In the case of a musical Work
> and/or audio recording, the mere synchronization
> ("synching") of the Work with a moving image shall not
> be considered a transformation of the Work into
> something substantially different."
>
> I think I was misreading this whole license! It
> clearly states that the creatively transformed
> derivative of the original Work can be used
> commercially (or noncommerically) and then explains
> what creative transformation entails.
>
>

Yes, my take too is that the transformed work can indeed be used for profit.
It is the original work which has the non-commercial type restrictions.

If you go back to one of my earlier posts, I suggested a possible plan of
action for the contest that you might want to look at agiain and see if it
would work for you. If you think it would, you should probably ask if anyone
sees any problems. (Warning -I am not a lawyer and was not giving legal
advice. Honestly, if you need it, you should seek it.)

all the best,

drew
(da idea man)

>
>
> --- Terry Hancock <hancock AT anansispaceworks.com>
>
> wrote:
> > I'm sorry, I just haven't read the 'sampling'
> > license, and I'm not
> > familiar with its terms. I know the By, SA, ND, and
> > NC modules
> > fairly well.
>
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--
http://www.ourmedia.org/node/145261
Record a song and you might win $1,000.00
http://www.ourmedia.org/user/17145




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