Development of Creative Commons licenses

["James Grimmelmann" <james AT grimmelmann.net>]

My understanding (very very tentative, here, and I don't have access
to any legal resources at the moment), is that you could use ND audio
as the audio portion of a video ONLY where the video contains zero
original creativity (and therefore does not trigger the derivative
work right).  That might not include any videos with anything more
than white noise or a blank background.  The quoted language from the
ND license clarifies that translation of the work as is into another
format (encoding an MP3 file as a WAV, recording the WAV onto vinyl,
redigitizing the vinyl into an OGG . . .) is okay, but the all-media
permission only includes those changes that are "technically"
necessary to the translation.  Thus, colorization of a B&W movie would
probably be an Adaptation, and thus not okay, as would anything
triggering the sync rights for SA works.

Very off the cuff, not legal advice, &c.

James

On 4/8/07, drew Roberts <zotz AT 100jamz.com> wrote:
> Some thoughts have been knocking around in my head for a while now and this
> question springs from them:
>
> Can ND works be used where the sync rights would kick in for SA works?
>
> reading ND 3.0:
>
> "The above rights may be exercised in all media and formats whether now known
> or hereafter devised. The above rights include the right to make such
> modifications as are technically necessary to exercise the rights in other
> media and formats, but otherwise you have no rights to make Adaptations."
>
> Audio is one medium, video/film another. Can the above apply in any way, or
> are ND songs totally unusable in video?
>
> For the ignorant (I refer to at least myself here) does sync refer to anything
> more technical that simply using the song in the background of a video? (Are
> there any timing elements necessary? I don't even know how to properly ask
> this question.)
>
> all the best,
>
> drew
> --
> (da idea man)
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