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cc-sampling - Re: [cc-sampling] Copyright of Derivative Work

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

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  • From: mark / negativland <markhosler AT charter.net>
  • To: cc-sampling AT lists.ibiblio.org
  • Subject: Re: [cc-sampling] Copyright of Derivative Work
  • Date: Fri, 23 May 2003 23:30:53 -0700

At 11:29 AM -0400 5/23/03, Sarah Brown wrote:
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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.

What happens to the copyright of the Derivative Work?

It seems you may need some language that says something like "The
Derivative Work as a whole can be copyrighted, however only those
aspects that are not a part of the original are protected."

If you don't, would something like this be able to happen?

I want to use a song in a car commercial, but it's covered by this
license, so I can't. Instead, I take that song and make a new one--say
I add 24 hours of a baby crying before the song, and then 24 hours of
a baby laughing after the song. (It wouldn't really matter what you
added--you'd just need to substantiate that the complete original was
an "insubstantial portion" of your Derivative Work.) Then, couldn't I
just use a section of "my" song, which I've copyrighted, that was
mostly just the original song I'd wanted to use?

I knew someone would come up with a weird scenario like this! Funny.
Well, I don't know the answer here, but perhaps this use isnt in "good faith""??

And perhaps adding the extra language you suggest is a good idea.

Glenn- who and how are the good points raised on this list going to be kept track of and possibly implemented??

Mark


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