Re: Thoughts / Questions re ND

On Tuesday 10 April 2007 01:22 pm, Dana Powers wrote:
> I honestly can't think of how you could digitally
combine a musical
> work with a video without synching.  Even the most
basic arrangement,
> having both start simultaneously, seems to fit the
definition.
>
> Either way, I think anyone would be crazy to rely on a
possible
> exception in the ND license and not just call the
copyright owner and
> clear rights.

I will quote the part from the license again:

"The above rights may be exercised in all media and
formats whether now known 
or hereafter devised. The above rights include the right to
make such 
modifications as are technically necessary to exercise the
rights in other 
media and formats, but otherwise you have no rights to make
Adaptations."

Note carefully: "but otherwise you have no rights to
make Adaptations."

This seems to indicate that you do have the right to make
Adaptations if it is 
necessary to do so to exercise the above rights in another
medium or format.

Now, if this is not so, then perhaps this shows up a need
for clearer language 
in the quoted section. Perhaps the word otherwise needs to
come out if you 
never have a right to make an adaptation under any
circumstances 
whatsoever. ???
>
> dp

all the best,

drew
>
> On 4/10/07, Thinh Nguyen <thinhcreativecommons.org> wrote:
> > The key distinction is between
"Collections" and "Adaptations"--which
is
> > subject to this "override" sentence:
"For the avoidance of doubt, where
> > the Work is a musical work, performance or
phonogram, the synchronization
> > of the Work in timed-relation with a moving image
("synching") will be
> > considered an Adaptation for the purpose of this
License."
> >
> > So if there is "synching" of the musical
work to video, then the result
> > is always an Adaptation, which is not permitted
under the ND license.
> > However, if the video and music are not synched,
but instead meets the
> > definition of Collection (the relevant part of the
definition being: "is
> > included in its entirety in unmodified form along
with one or more other
> > contributions, each constituting separate and
independent works in
> > themselves"), then it is a Collection and is
permitted by the license.
> >
> > So it would not be accurate to say that the video
can only be blank or
> > noise, or that there are no circumstances under
which you can combine
> > video and an musical work licensed under ND.
However, in most
> > circumstances, a producer will probably want to
introduce some element of
> > synching in a movie, so the ND license may not be
the best choice if that
> > is what you intend the musical work to be used
for.
> >
> > Thinh Nguyen
> > Counsel, Science Commons
> >
> >
> >
> >
> >
> >
> > _______________________________________________
> > cc-licenses mailing list
> > cc-licenseslists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>
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-- 
(da idea man)
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On Tue, 2007-10-04 at 17:04 -0400, drew Roberts wrote:

> This seems to indicate that you do have the right to
make Adaptations if it is 
> necessary to do so to exercise the above rights in
another medium or format.

It's pretty clear that a piece of music as the soundtrack of
a film is
not simply translating the music into a new format. It's
creating a new
work, a blend of moving images and music, that is
significantly
different from the music played on its own.

I think a good example of "exercising rights in another
medium" would be
making print-outs of an electronic document, or broadcasting
an MP3 file
over FM radio. Examples of making adaptations would be
acting out a play
on stage, doing a techno version of a country-western song,
or expanding
a poem into a full-length novel.

I think the language of the license is clear in that
converting the work
into a new medium is not a free pass to make derivatives.

-Evan


____________________________________________________________
____________
Evan Prodromou <evanprodromou.name>
http://evan.prodromou.nam
e/

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