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cc-licenses - Re: [cc-licenses] choosing a new license at freesound, please help

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Subject: Development of Creative Commons licenses

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  • From: "Bram @ Freesound" <freesound AT iua.upf.edu>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] choosing a new license at freesound, please help
  • Date: Wed, 25 Oct 2006 18:03:27 +0200

Hello Andea,


I hope to comment on your email more in depth, but let's start with the basics. I re-arranged a bit...


> [...] Such an analysis would, however, be quite lengthy, so I'd like
> to know if other people on this list would be interested in joining
> in.

Freesound is very rapidly becoming a (if not 'the') reference for sound effect up/downloads on the web, if it not already is. I would really immensely appreciate any effort from anyone on this matter.


I would be interested in attempting such an analysis, but first I would
need to know:

(a) what do you mean exactly with "a sample being more than a sample"

Some freesound samples are long ( > 3 minutes ) of sounds "observed" by someone on the street. I don't know if there is any legal difference between the 100 millisecond sound of a bass drum and 3 minutes of the sound of children playing in the fairground.

I'm guessing there might be a legal difference between a sound recorded by someone and a sound generated-and-recorded by someone.

Some people consider their samples (or recordings) entire works of art as such.

Then again, all of these might be completely irrelevant. I do not think I am qualified of replying to that, hence my confusing remark.

(b) if you are only interested in Spanish copyright law or not (I
understand the Freesound project is based at the UPF, hence in
Barcelona, hence in Catalonya, hence in Spain, at least as far as
copyright law is concerned)

No, I'm interesting in worldwide law. While the *server* of freesound might be in Spain, both *uploaders* (all 822 of them and rising) of sounds and *downloaders* (all 180000 of them and rising) are very much spread worldwide. I'm guessing -hoping!- that the particular location of our server has no legal repercussions on freesound as a whole.

If this issue is relevant -> If the location of the server is of essence then what happens when we start setting up mirrors elsewhere?

Besides the fact that I am not someone from CC, I think it might be
helpful to try and breakdown all the various issues which you think are
most urgent.

0. is there a legal difference between "music" and "samples"/"sound effects"? Conceptually this is an impossible question to answer, but perhaps courts of law have a different opinion?

1. is the Sampling+ a "valid" or "good" or "correct" license to apply to sound effects? (I think the answer can be a powerful "no")

2. which -if any- of the CC licenses could or can be used for sound samples and what are the differences -in both legalese and idiot-proof wording- between using those particular licenses.



- bram




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