Development of the Creative Commons Sampling license (or license option)

["Glenn Brown" <glenn AT creativecommons.org>]

FIRST DRAFT

SAMPLING/COLLAGE LICENSE
by NEGATIVLAND and CREATIVE COMMONS

http://negativland.com
http://creativecommons.org

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KEY LANGUAGE:

Subject to the terms and conditions of this License, Licensor hereby
grants You a worldwide, royalty-free, non-exclusive, perpetual (for the
duration of the applicable copyright) license to exercise the rights in
the Work as stated below:

a.      to create and reproduce Derivative Works, provided that the
Derivative Work(s) constitute a good-faith partial or recombined usage
employing "sampling," "collage," "mash-up," or other comparable artistic
technique, whether now known or hereafter devised, that is highly
transformative of the original, as appropriate to the medium, genre, and
market niche.  

Your Derivative Work(s) must only make a partial use of the original
Work, or if you choose to use the original Work as a whole, you must
either use the Work as an insubstantial portion of Your Derivative
Work(s) or transform it into something substantially different from the
original Work.

b.      to distribute copies or phonorecords of, display publicly,
perform publicly, and perform publicly by means of a digital audio
transmission, Your Derivative Work(s). 

The above rights may be exercised in all media and formats whether now
known or hereafter devised. All rights not expressly granted by Licensor
are hereby reserved.

All advertising and promotional uses of a commercial nature are excluded
from the above rights, except for advertisement and promotion of the
Derivative Work(s) that you are creating from the Work and Yourself as
the author thereof.

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If you'd like to see the original discussion about a sampling license on
our weblog, please see: http://creativecommons.org/weblog/entry/3631
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Glenn Otis Brown
Executive Director
Creative Commons
glenn AT creativecommons.org
+1.650.723.7572 (telephone)
+1.415.336.1433 (mobile)