Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Sunday 08 April 2007 07:27 pm, Dana Powers wrote:
> >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."

That was the original light that went off in my head when I decided to ask a 
question about it. Do people using ND for music realise that because of ND 
their songs cannot be used in videos.

Since I had never read the ND license before, I was curious if it had the 
same 
bit on sync rights as SA. When I went to check, I saw the bit in the license 
grant itself:

"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."

and wondered if that actually grants the right to make adaptations when using 
in a different media.

It does say that the above rights (granted in the same numbered clause) may 
be 
excercised in all media. And it does say OTHERWISE you have no rights to make 
Adaptations which seems to indicate you have some rights to make adaptations 
as necessary to use in another medium.

I am still torn, can the CC license authors chime in please.

I writing this response, I have thought of another question. I try and write 
songs, but mostly, when it comes to music, I write lyrics.

Does anyone know if lyrics themselves are considered musical works? Or do 
they 
only become musical works when paired with a melody ot some other "music"?
>
> 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.

Like I say, this wasmy first take when the question originally came up in my 
mind and Ithink I still lean this way, but I am far from confident.
>
> Breach of contract for synching (public domain or no) -> no license ->
> copyright infringement for mere reproduction.
>
> my 2c
> Dana

all the best,

drew

>
> 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)


-- 
(da idea man)