Re: CC Sampling Plus 1.0
Ben Finney wrote: 1.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; and Trivially non-free. The DFSG freedom to create a derived work is the freedom to create *any* derived work, not some limited subset as defined in this license. I agree. However, I do have a question about this ... If I myself have sampled from a CC sampling plus work in producing a new work, I am under the impression that I'm pretty free to re-license as I please. (In other words, we move forward one generation of derivation). So, assuming that I pick a license that is otherwise an approved DFSG free license (not wanting to open that can of worms right now), would the fact that I had used CC Sampling+ work in my project be a problem? In particular, with respect to the source of my work, I would clearly have actually worked from the original work, being somewhat constrained in what I could do, but would my collection of pre-processed samples (say, sound effects), be a sufficient source provision? (I could certainly argue that the pre-processed samples are a preferred form for modification, since it's much less work to relocate samples than to extract them from an original work -- the latter process is generally an interactive creative one that doesn't ordinarily leave an electronic record anyway -- or perhaps, the preprocessed samples *are* the electronic record). AFAIK, such a collection of samples itself (as well as my final product) meets the requirements to escape the CC Sampling+ license restrictions (sufficiently transformative). I believe that in such a case I have not only evaded the legal restrictions of the CC Sampling license, but also that (in most cases) I am outside of what the original artist was trying to control (IOW, I'm within both the letter and spirit of the license; the artist is unlikely to consider this practice unethical. So this is not merely exploiting a legal loophole, but is rather a legitimate use of the license, following the author's intent). For comparison, this would be like using samples permitted under fair use from an all rights reserved work in a free-licensed project. What the CC Sampling+ does is to make this fair use exemption larger and more clearcut than it is with all rights reserved (in which case, it might be much more legally ambiguous, and therefore riskier to use -- also, it's much less clear that the author intended to allow such uses). ISTM that none of this is different for CC Sampling than for Sampling Plus. Noncommercial Sampling Plus is a whole different matter, though, since it attempts to control the uses of the samples (meaning we're back to only fair use exemptions). BTW, sampling in the sense of the CC sampling licenses seems to be pretty broadly interpreted (much more so than allowed by fair use). So, in some ways, it may be that the Sampling licenses are actually more friendly to the free commons than is the NC or NC-SA license -- in that you can actually extract something usable in free works from them. Am I right? Cheers, Terry -- Terry Hancock ([EMAIL PROTECTED]) Anansi Spaceworks http://www.AnansiSpaceworks.com -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]
Re: CC Sampling Plus 1.0
Miriam Ruiz [EMAIL PROTECTED] writes: Would you think the license CC Sampling Plus 1.0 from Creative Commons would be DFSG-Free? http://creativecommons.org/licenses/sampling+/1.0/ http://creativecommons.org/licenses/sampling+/1.0/legalcode When discussing a license text it's useful to quote the entire text in the thread, so that it's easily accessible from the archives in the context of the discussion. = Creative Commons Legal Code Sampling Plus 1.0 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN AS-IS BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. License THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE (CCPL OR LICENSE). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. 1. Definitions a. Collective Work means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License. b. Derivative Work means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. c. Licensor means the individual or entity that offers the Work under the terms of this License. d. Original Author means the individual or entity who created the Work. e. Work means the copyrightable work of authorship offered under the terms of this License. f. You means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation. 2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws. 3. License Grant Restrictions. 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 on the conditions as stated below: a. Re-creativity permitted. You may create and reproduce Derivative Works, provided that: i. 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; and ii. 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. In the case of a musical Work and/or audio recording, the mere synchronization (synching) of the Work with a moving image shall not be considered a transformation of the Work into something substantially different. b. You may distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission, any Derivative Work(s) authorized under this License. c. Prohibition on advertising. All advertising and promotional uses 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. d. Noncommercial sharing of verbatim
Re: CC Sampling Plus 1.0
Terry, please follow URL:http://www.debian.org/MailingLists/#codeofconduct. In particular, don't send a copy of messages to my email address; I have not asked you to do so. Terry Hancock [EMAIL PROTECTED] writes: Ben Finney wrote: [CC Sampling Plus 1.0 license clause re. derivative works] Trivially non-free. The DFSG freedom to create a derived work is the freedom to create *any* derived work, not some limited subset as defined in this license. I agree. However, I do have a question about this ... If I myself have sampled from a CC sampling plus work in producing a new work, I am under the impression that I'm pretty free to re-license as I please. I don't see anything in the license that grants that freedom. The only part that allows redistribution is quite explicit that it must be under the terms of this license, and not sublicense: = 3. License Grant Restrictions. 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 on the conditions as stated below: [...] e. Attribution and Notice. [...] ii. You may distribute, publicly display, publicly perform or publicly digitally perform the Work only under the terms of ^^^ this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work or Derivative Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may ^^^ not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access of use of the Work in a manner inconsistent with the terms of this License. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. Upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work or Collective Work any reference to such Licensor or the Original Author, as requested. = -- \The World is not dangerous because of those who do harm but | `\ because of those who look at it without doing anything. -- | _o__) Albert Einstein | Ben Finney -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]
Re: CC Sampling Plus 1.0
On Saturday 19 May 2007 14:03:37 Miriam Ruiz wrote: Would you think the license CC Sampling Plus 1.0 from Creative Commons would be DFSG-Free? http://creativecommons.org/licenses/sampling+/1.0/ http://creativecommons.org/licenses/sampling+/1.0/legalcode * Re-creativity permitted. You may create and reproduce Derivative Works, provided that: 1.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; and 2.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. In the case of a musical Work and/or audio recording, the mere synchronization (synching) of the Work with a moving image shall not be considered a transformation of the Work into something substantially different. I'm no DFSG-nazi, but these seem pretty cut-and-dried non-free. -- Wesley J. Landaker [EMAIL PROTECTED] xmpp:[EMAIL PROTECTED] OpenPGP FP: 4135 2A3B 4726 ACC5 9094 0097 F0A9 8A4C 4CD6 E3D2 pgpvgk8otcuyd.pgp Description: PGP signature
Re: CC Sampling Plus 1.0
Miriam Ruiz [EMAIL PROTECTED] writes: Would you think the license CC Sampling Plus 1.0 from Creative Commons would be DFSG-Free? I'm not very sure about this part: * Re-creativity permitted. You may create and reproduce Derivative Works, provided that: 1.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; and Trivially non-free. The DFSG freedom to create a derived work is the freedom to create *any* derived work, not some limited subset as defined in this license. 2.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. Again, placing restrictions on what modifications can be made is a non-free restriction. -- \ What you have become is the price you paid to get what you | `\ used to want. -- Mignon McLaughlin | _o__) | Ben Finney -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of unsubscribe. Trouble? Contact [EMAIL PROTECTED]
