cc-licenses Digest, Vol 40, Issue 1

re: [cc-licenses] sampling + 1.0 and remix competition, with
prize for winner
The latest version of FruityLoops is $99. But, if they
submit remixes,
doesn't that imply that they already HAVE music software?

On 7/5/06, cc-licenses-requestlists.ibiblio.org
<cc-licenses-requestlists.ibiblio.org> wrote:
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> Today's Topics:
>
>   1.  sampling + 1.0 and remix competition,    with
prize for winner
>      (Nova Christopher)
>   2.  Photo alongside text: collective or derivative
(Henri Sivonen)
>   3. Re:  Photo alongside text: collective or
derivative (Peter Brink)
>   4. Re:  sampling + 1.0 and remix competition,       
with prize for
>      winner (Nova Christopher)
>
>
>
------------------------------------------------------------
----------
>
> Message: 1
> Date: Tue, 4 Jul 2006 20:05:23 -0700 (PDT)
> From: Nova Christopher <n23ovayahoo.com>
> Subject: [cc-licenses] sampling + 1.0 and remix
competition,    with
>        prize for winner
> To: cc-licenseslists.ibiblio.org
> Message-ID: <20060705030523.43288.qmailweb60817.mail.yahoo.com>
> Content-Type: text/plain; charset=iso-8859-1
>
> Could I host a remix competition from the Wired
> magazine samples, found on the ccMixter site? The
> contestants would only be allowed to choose from
> songs/samples that are under a "sampling +
1.0"
> license. The "prize" would be music-making
software
> (or monetary equivalent, no more than $100 USD) to the
> winner of this competition (I am not sponsored by any
> software companies and would not be advertising for
> them).  The winning song(s) would then be released
> online, for free.
>
> I have read the license but am still not totally sure.
>
> "You are free:
>
> To sample, mash-up, or otherwise creatively transform
> this work for commercial or noncommercial purposes.
>
> To perform, display, and distribute copies of this
> whole work for noncommercial purposes (e.g.,
> file-sharing or noncommercial webcasting)."
>
> Thanks in advance for any helpful comment.
>
>
>
>
>
> __________________________________________________
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>
> ------------------------------
>
> Message: 2
> Date: Wed, 5 Jul 2006 13:23:13 +0300
> From: Henri Sivonen <hsivoneniki.fi>
> Subject: [cc-licenses] Photo alongside text: collective
or derivative
> To: Discussion on the Creative Commons license drafts
>        <cc-licenseslists.ibiblio.org>
> Message-ID:
<ADF619C5-DA04-44F9-9A3C-E3F30178F26Diki.fi>
> Content-Type: text/plain; charset=US-ASCII; delsp=yes;
format=flowed
>
> Suppose a photo (or another image) is licensed under
CC-by-sa 2.5.
> Then suppose the photo is reproduced as an illustration
next to text
> (either on a Web page or on a printed page) so that the
image is
> neither modified (except scaled and subjected to
whatever color
> reproduction technology happens to be at hand) nor
partially covered
> in any way. That is, the photo can be saved intact from
a Web page or
> scanned intact (except for technical degradation) from
a printed
> page. The text refers to the image, so they aren't
totally unrelated.
>
> In that case, do the text and the photo form a
Collective Work (and
> the text does not need to be licensed under CC-by-sa
2.5) or do they
> form a Derivative Work (and the text has to be under
CC-by-sa 2.5)?
>
> --
> Henri Sivonen
> hsivoneniki.fi
> http://hsivonen.iki.fi/
>
>
>
>
> ------------------------------
>
> Message: 3
> Date: Wed, 05 Jul 2006 13:15:52 +0200
> From: Peter Brink <peter.brinkbrinkdata.se>
> Subject: Re: [cc-licenses] Photo alongside text:
collective or
>        derivative
> To: Discussion on the Creative Commons license drafts
>        <cc-licenseslists.ibiblio.org>
> Message-ID: <44AB9F68.2080300brinkdata.se>
> Content-Type: text/plain; charset=ISO-8859-1;
format=flowed
>
> Henri Sivonen skrev:
> >
> > In that case, do the text and the photo form a
Collective Work (and
> > the text does not need to be licensed under
CC-by-sa 2.5) or do they
> > form a Derivative Work (and the text has to be
under CC-by-sa 2.5)?
> >
>
> I'd say it's a collective work. A derivative work is
an expression that
> owes its form (and not just its content) from another
expression. An
> expression might be dependent upon another as far as
it's content goes,
> such as a text commenting the contents of a picture,
but that does not
> mean that the text _derives_ from the picture. The
text's form and
> content is an independent expression influenced by the
contents of the
> picture. In the second paragraph of art. 4 of the
Finnish Copyright Act
> (
http://www.wipo.int/clea/docs_new/en/fi/fi054en.html)
this is expressed
> as: "If a person has drawn freely on a work to
create a new and
> independent work, his copyright shall not be subject to
the right in the
> original work." In the Swedish Copyright Act the
same idea is expressed
> as: "If a person, in free connection with another
work, has created a
> new and independent work, his copyright shall not be
subject to the
> right in the original work." (4 ? 2 st.).
>
> So I'd say that the text does not need to be licensed
under CC-BY-SA 2.5.
>
> /Peter Brink
>
>
>
>
>
> ------------------------------
>
> Message: 4
> Date: Wed, 5 Jul 2006 08:30:24 -0700 (PDT)
> From: Nova Christopher <n23ovayahoo.com>
> Subject: Re: [cc-licenses] sampling + 1.0 and remix
competition,        with
>        prize for winner
> To: Discussion on the Creative Commons license drafts
>        <cc-licenseslists.ibiblio.org>
> Message-ID: <20060705153024.40669.qmailweb60822.mail.yahoo.com>
> Content-Type: text/plain; charset=iso-8859-1
>
> Also, there is no 'invoice' or receipt given for this
> prize.  It is simply an award given for doing a nice
> job at music production.
>
>
>
>
>
> > Could I host a remix competition from the Wired
> > magazine samples, found on the ccMixter site? The
> > contestants would only be allowed to choose from
> > songs/samples that are under a "sampling +
1.0"
> > license. The "prize" would be
music-making software
> > (or monetary equivalent, no more than $100 USD) to
> > the
> > winner of this competition (I am not sponsored by
> > any
> > software companies and would not be advertising
for
> > them).  The winning song(s) would then be released
> > online, for free.
> >
> > I have read the license but am still not totally
> > sure.
> >
> > "You are free:
> >
> > To sample, mash-up, or otherwise creatively
> > transform
> > this work for commercial or noncommercial
purposes.
> >
> > To perform, display, and distribute copies of this
> > whole work for noncommercial purposes (e.g.,
> > file-sharing or noncommercial webcasting)."
> >
> > Thanks in advance for any helpful comment.
> >
>
>
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> End of cc-licenses Digest, Vol 40, Issue 1
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cc-licenses Digest, Vol 40, Issue 1

Thread: cc-licenses Digest, Vol 40, Issue 1