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

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

Here's some background on why we included this phrase:

" . . . 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
or transform it into something substantially different from the original
Work . . . "

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Why include this language? 

Negativland wanted to be sure not to exclude re-uses that take more than
a "portion" of the original work but are nevertheless creative:

"We don't want this license to allow entire works to be used as-is. For
that, permission and possibly fees would be needed. 

But . . . they [licensees] could take an entire work as long as it was
transformed in some way. Listen to John Oslwald's THE GREAT PRETENDER for
a great example of this. He used an entire Dolly Parton track, but his
use of it starts out so fast it is a high pitched whine, and over the
course of the entire track, it slowly slows down until it becomes leaden
mud."

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--Glenn

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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)