Development of Creative Commons licenses

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

On Tuesday 10 April 2007 01:22 pm, 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.
>
> Either way, I think anyone would be crazy to rely on a possible
> exception in the ND license and not just call the copyright owner and
> clear rights.

I will quote the part from the license again:

"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."

Note carefully: "but otherwise you have no rights to make Adaptations."

This seems to indicate that you do have the right to make Adaptations if it 
is 
necessary to do so to exercise the above rights in another medium or format.

Now, if this is not so, then perhaps this shows up a need for clearer 
language 
in the quoted section. Perhaps the word otherwise needs to come out if you 
never have a right to make an adaptation under any circumstances 
whatsoever. ???
>
> dp

all the best,

drew
>
> 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
> >
> >
> >
> >
> >
> >
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> > cc-licenses AT lists.ibiblio.org
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>
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-- 
(da idea man)