Development of Creative Commons licenses

["Dana Powers" <dana.powers AT gmail.com>]

> From the Definition of Adaption in 1.a:

"For the avoidance of doubt, where the Work is a musical work,
performance or phonogram, the synchronization of the Work in
timed-relation with a moving image ("synching") will be considered an
Adaptation for the purpose of this License."

Because the licenses addresses synch rights explicitly, I don't think
you could get away with any type of "moving image" - white noise, or
otherwise.

Breach of contract for synching (public domain or no) -> no license ->
copyright infringement for mere reproduction.

my 2c
Dana



On 4/8/07, James Grimmelmann <james AT grimmelmann.net> wrote:
> 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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