Re: CC Sampling Plus 1.0
Terry, please follow 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
"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
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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
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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
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3. License Grant & Restrictions. Subject to the terms and conditions
of this License, Licensor hereby grants You a worldwide,
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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.
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transmission, any Derivative Work(s) authorized under this License.
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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.
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? > > 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]
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]>
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