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

["john" <john AT dx.org>]

Hi,

I've just been read the draft license and i think it is both well worded and
highly practical.  One issue that is not acknowledged in the draft - or in
the discussion - is the question of crediting original work. I can't decide
whether I think this should be a requirement of all sampling, and certainly
if someone is using many sources it could be a hassle, but there are
certainly cases when I think it should be required, i.e. when a substantial
portion of the original work is used as a substantial and identifiable
portion of the authentically new work. It seems fair that the creator of the
sampled work should benefit from being recognized as a key contributor to
the audience's artistic enjoyment even if he/she does not ask a licensing
fee.

Another question I have is based on the following scenario: someone uses a
chapter of one of my books as a chapter in an anthology, and argues that the
anthology is a collage and therefore represents fair use rather than a
subversion of the need to license my writing for their book. The same
example could hold true for a song off an album included in a mixtape that
is undoubtedly a collage but which adds nothing new to the individual songs.
How would these cases be judged?

Cheers,
John Sobol

Digitopia Blues - Race, Technology and the American Voice
Banff Centre Press, 2002

john AT globalhood.net