Development of Creative Commons licenses

[thinh AT creativecommons.org]

>>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.

>>dp

Perhaps, an interactive electronic work or a website that displays both
video and audio, but not necessarily in any fixed relationship to each
other would not involve synching and would not violate the ND condition.
But I agree this is an exceptional situation.

I agree that movies with a soundtrack almost always involves synching,
because there is a defined, fixed time-sequence relationship between the
motion picture and the sound track, and this is the commonly held meaning
of the word "synching". That is why producers of movies always think it's
a good idea to license "synching" rights for sound track music.

I would also agree that it's not a good idea to rely on the exception for
creating "Adaptations" which is expressed in "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." This seems to me like a very narrow exception (hence
the words "technically necessary") to convert between formats. This
language is just there to cover the potential argument that a format
conversion is an "adaptation", but it should not be read to open the door
to synching, because such an interpretation would render the special
provision under the definition of Adaptation meaningless.