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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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  • From: Terry Hancock <hancock AT anansispaceworks.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: Fri, 07 Jul 2006 04:02:39 -0500

rob AT robmyers.org wrote:
Quoting Terry Hancock <hancock AT anansispaceworks.com>:

> That's interesting. Now I want to see CC's "Use cases for
> 'creatively transforming' " paper (like the NC paper they did
> awhile back).
>
> Sounds more free than NC at this point, though. (Oh no! My color
> codes are all wrong now! :-O)

It's an interesting and very good license. It's not Free in the free
software sense, but it grants the freedoms that sampling musicians
want in the way they want. So it won't help with orphan works,
ripping, p2p, etc. but it does keep the social contract of sampling.

Well actually, I'm not entirely sure about that. I have my 4 freedoms
pretty much:

1) I can use the work (listen to it)
2) I can pass it on to my friends (because that's non-commercial)
3) I can modify the work to my needs (and now the NC goes away)
4) I can share my modified work (even commercially)

It's interesting, because, really, it's the "transformative" uses that
really matter in terms of the copyleft culture.

I agree that FSF and DFSG guidelines would probably come down
on the side of it being non-free, but it's in an interesting and more
useful case than the By-NC or By-NC-SA (which prohibit the
transformative commercial case). IOW, it's easy to produce a
"free as in speech" work -- all I have to do is disintegrate the original
into samples or patches, and the unordered collection is a free
work in the FSF/DFSG sense.

At least, that's my understanding at this point.

Creative transformation would probably be Negativland's
"Transformative Fair Use" which they talk about in the book that
comes with their CD "No Business".

Hmm. Well, I think that what constitutes "transformation" is
probably subject to interpretation. In a big way.

Cheers,
Terry

--
Terry Hancock (hancock AT AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com





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