Development of Creative Commons licenses

[Andy Kaplan-Myrth <techlaw AT uottawa.ca>]

Dana Powers wrote:
> I honestly can't think of how you could digitally combine a musical
> work with a video without synching.  Even the most basic arrangement,
> having both start simultaneously, seems to fit the definition.

I think one example would be a film scene with music in the background
of the scene. Imagine the scene takes place in a restaurant or bar with
CC-ND music playing in the background -- not as soundtrack that's been
added to become part of the scene, but music that's just going on in the
background of the scene. Or music that's on a car stereo in a car scene.
It hasn't been synchronized in a timed relation with the moving image,
it's just music going on in the background.

This isn't an adaptation of the song. I think the word "collection" is
confusing because this doesn't seem like a collection of a song and a
moving picture, but we should at least be able to agree that this isn't
an adaptation.

Cheers,
Andy


> dp
>
> On 4/10/07, Thinh Nguyen <thinh AT creativecommons.org> wrote:
> > The key distinction is between "Collections" and "Adaptations"--which is
> > subject to this "override" sentence: "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."
> >
> > So if there is "synching" of the musical work to video, then the result is
> > always an Adaptation, which is not permitted under the ND license. However,
> > if the video and music are not synched, but instead meets the definition of
> > Collection (the relevant part of the definition being: "is included in its
> > entirety in unmodified form along with one or more other contributions, each
> > constituting separate and independent works in themselves"), then it is a
> > Collection and is permitted by the license.
> >
> > So it would not be accurate to say that the video can only be blank or
> > noise, or that there are no circumstances under which you can combine video
> > and an musical work licensed under ND. However, in most circumstances, a
> > producer will probably want to introduce some element of synching in a
> > movie, so the ND license may not be the best choice if that is what you
> > intend the musical work to be used for.
> >
> > Thinh Nguyen
> > Counsel, Science Commons

--
Andy Kaplan-Myrth LL.B., M.A.
Manager, Law & Technology, University of Ottawa

------------------------------------------------
Faculty of Law : Faculté de droit
University of Ottawa : Université d'Ottawa
57 Louis Pasteur Street
Ottawa, ON  K1N 6N5
Canada

t. 613/562-5800 x3206
f. 613/562-5124
e. techlaw AT uottawa.ca
w: http://www.commonlaw.uottawa.ca/tech
------------------------------------------------