Hi guys,

is it ok to upload acidplanet.com and myspace.com remix contest entry here? It’s NIN Only….

thanks,
v

anyone home?

We only require that you have permission to upload the mix.

You have the read the rules of the NIN contest. If they allow you to post the mix to another site and re-license then yea, we can host it.

VS

Here’s the license from NIN.com website regarding this contest. I don’t see anywhere saying I’m obliged to post it only on acidplanet or myspace. So I think we’re cool.. :))


**********************
End User License

Please read the terms of the following software License Agreement before downloading this product. By clicking on the link below and downloading this product, you agree to become bound by the terms of the License Agreement. If you do not agree with the terms of the License Agreement, do not click the I AGREE button below. Interscope Records (“Licensor�) guarantees that the downloaded product has been created and recorded specially for this project and any similarity to any other recording is unintentional.

1. The sound samples recorded on these CDs remain the property of Licensor and are licensed, not sold, to you for use on your sampling software or equipment.

2. A right to use the enclosed sounds is granted to the original end-user of the product (Licensee) and is NOT transferable.

3. The Licensee may modify the sounds but MAY NOT USE THE SOUNDS, MODIFIED OR UNMODIFIED, FOR COMMERCIAL PURPOSES INCLUDING, WITHOUT LIMITATION, WITHIN MUSICAL COMPOSITIONS. Licensee must obtain a separate license from Licensor in respect of any intended commercial uses.

4. This license expressly forbids resale, relicensing or other distribution of any of these sounds, either as they exist upon downloading, or any modification thereof. You cannot sell, loan, rent, lease, assign or transfer all or any of the enclosed sounds to another user, or for use in any competitive product.

5. Licensor will not be responsible if the contents of these discs does not fit the particular purpose of the Licensee.

6. Use of the included sound sample in isolation such as, but not limited to, video game soundtracks (where they appear in isolation or as sound effects) is not permitted without first obtaining a separate License from Licensor.

7. Use of the included sound samples in ‘library music’ (also known as ‘production music’) intended for commercial exploitation, is not permitted without first obtaining a separate License from Licensor.

ALL RIGHTS RESERVED. © 2005 Interscope Records.
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"This license expressly forbids resale, relicensing or other distribution of any of these sounds, "

I’m not a lawyer but imo that pretty much kills it, sorry

VS

well, I’ve uploaded the song before seeing your reply.

I honestly think you’re overreading the aggreement as it does not prohibit the public non-commercial display of the sounds. You cannot isolate "prohibits any other distribution" and present it as it is - it’s too broad, besides it’s explained further in detail:

"cannot sell, loan, rent, lease, assign or transfer all or any of the enclosed sounds "

we’re not doing either of those things.

But hey, Victor, it’s your site. You’re the Boss. :))

Er, if you think I’m over-reacting you should read some recent Supreme Court decisions and any one of the over 17,000 lawsuits (none lost) by the RIAA.

it’s not my site, it belongs to Creative Commons who is responsible for the contents and the intentions of the it’s users.

CC is a very high profile copyright activist non-profit organzation that (I’m guessing) wishes NOT to get screwed by uploaders who cherry pick parts of the old-school licenses and disregard explicit instructions to not re-license to the work or derivations of it.

Makes sense (yet)?

VS

absolutely.

But how am I relicensing this material? The rights are still NIN’s. They’ve made the originals available for the remix contest purposes to the whole World via Internet. Granted they did it via acidplanet but anyone can get there and download it. I did not cherry-pick parts or anything like that, I’m clearling stating who it is, etc. I’m not reselling it… hmm

I’ll delete it but if you guys are copyright activists and all that other stuff then you at least gotta be sure what you can really get burn on and what is just a nuisance such as this stupid remix…

From the "Is It Legal?" page:

"Is everything I submit automatically under a Creative Commons license?

Yes."

Creative Commons (the owners and operators of this site) gets burned when people upload illegally obtained art to this site. That includes remixes with samples explicity prohibited to be relicensed. CC respects copyright owners and their wishes, not only as a matter of law, but of principle. Not much stupid about that that I can see, although yea, I guess respecting people’s wishes can be a nuisance.

CC offers alternatives to "all rights reserved" licences that some of those rights owners do not wish to publish (or have re-published).

Thanks for respecting their wishes by removing your remix from this site.

VS

I did not know everything uploaded to here gets relicensed. Nice work on keeping it on the downlow.

cheers.

heh, right, downlow like link to "Is It Legal" on every single page on the site, the 1/2" icons in the submit form, the paragraphs of license verbage that is directly above the ‘submit file’ button that you used when you submitted the MP3, not to mention the words "Licensed under’ followed by a link to the license under every single listing on the site. Yea, you’re right, it’s probably a design flaw in the site that we don’t make it clear enough that you’re licensing the submitted work under a specific CC license.

Thanks for the feedback, we’re always open to making the site better and easier to use so any specific suggestions for how we could make this clearer would be appriciated.

VS