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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: "Glenn Otis Brown" <glenn AT creativecommons.org>
  • To: "Glenn Otis Brown" <glenn AT creativecommons.org>, "Sarah Brown" <sbrown AT old.law.columbia.edu>, cc-sampling AT lists.ibiblio.org
  • Cc:
  • Subject: Re: [cc-sampling] Copyright of Derivative Work
  • Date: Sat, 24 May 2003 15:08:05 -0800


> > 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."

> Sarah's proposal above is nice, though I'm not sure if as-worded it would
> get around the example above. In any case, it's a big improvement that
> we'll put it in the "duly noted" column.

On second thought, that language is probably great as is. Will do some
homework . . .




>
> Are there any other problems this point raises? Can we imagine any
> scenario in which the Sampler deserves to claim some measure of
> protection in the Sampled material as incorporated into the new song?
>
> Glenn
>
> >
> > 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?
> ---------------------
> Glenn Otis Brown
> Executive Director
> Creative Commons
> glenn AT creativecommons.org
> +1.650.723.7572 (telephone)
> +1.415.336.1433 (mobile)
> _______________________________________________
> cc-sampling mailing list
> cc-sampling AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-sampling
>
---------------------
Glenn Otis Brown
Executive Director
Creative Commons
glenn AT creativecommons.org
+1.650.723.7572 (telephone)
+1.415.336.1433 (mobile)




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