Development of Creative Commons licenses

["Prodromos Tsiavos" <p.tsiavos AT lse.ac.uk>]

Today I received the following query, which I would like to share with the list:

 

"Recently, I uploaded this video which I shot with my camcorder:
http://www.youtube.com/watch?v=thGGIncnJ6k
I used music by Rob Costlow, licensed under the 'Creative Commons by-nc-nd
2.5' license: http://www.jamendo.com/en/album/888/
I use his music unaltered, for non-commercial purposes, and I give him
attribution (click on "more info" on youtube's description). So, am I
allowed to use that piece of music on my video? I am kinda confused as to
what exactly "non-derivative" might mean. You see, I didn't mix it or
sampled it, or anything, I just used it as is (I dragged-n-dropped it in the
timeline of the video as is)."

 

IMHO, the issue is whether the mere combination of music and video qualifies as "synching" in accordance to the definitions of Derivative Work in v.2.5 of the CC licences:

 

"For the avoidance of doubt, where the Work is a musical composition or
sound recording, the synchronization of the Work in timed-relation with a
moving image ("synching") will be considered a Derivative Work for the
purpose of this License."

 

In other words, does the mere putting of sound and video together constitute "synching"?

 

Apologies if the issue has been already discussed in the past or the answer is too obvious for some of you :)

 

Many thanks in advance,
pRo

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