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Use of Mixter tracks in video?

LastChance
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permalink   Wed, May 11, 2005 @ 9:23 AM
Could someone step me thru a licensing quesiton? I’ve created a video, and would like to use Mixter tracks for the soundtrack. I’m not sure how the audio CC licenses correlate to video CC licenses… or if this is something I can even do.

For example, I try release by videos under Attribution-ShareAlike 2.0 license ( http://creativecommons.org/... ).

Examples of my previous videos (before trying Mixter, this is my 1st attempt)…
http://opensourcevideo.blog...

I’d guess that any track released under Sampling Plus could be used in my videos… except that I’d have to change my license so the video could then only be used for non-commerical purposes (and I, myself could only use the video for non-commercial purposes)?

OR is it that… its just like any other (c) music, I need to get permission from the creators?

Below is all the specifics on the music I’m using in my video. I’ll be contacting the artists and alert them to this topic, maybe they can post one by one whether or not I can use their tracks in my video.

Thanks for any ok-go-aheads or licensing advice,
-LC

00:00 > 01:22 dead eels (terror mix) by sHORT fACED (from scratch)
01:13 > 01:37 use me by creatively common (from scratch)
01:32 > 02:39 death rock by John Holowach (samples Funebre by guZ, use me by creativelycommon, Sudden.mix by Anindo Mobin)
02:27 > 03:44 Nightmare by shockshadow (external sample links dead)
Funbrea by guZ is from scratch, .
Sudden.mix by Anindo Mobin is from scratch.

Licenses:

dead eels (terror mix) by sHORT fACED (from scratch)
http://ccmixter.org/file/sh...
Non-Commercial Sampling Plus

use me by creatively common (from scratch)
http://ccmixter.org/file/cr...
Sampling Plus

death rock by John Holowach (samples Funebre by guZ, use me by creativelycommon, Sudden.mix by Anindo Mobin)
http://ccmixter.org/file/jj...
Non-Commercial Sampling Plus (John Holowach introduced commerical restriction)

[ start of tracks used by death rock ]
Sampling Plus - http://ccmixter.org/file/au...
Sampling Plus - http://ccmixter.org/file/cr...
Sampling Plus - http://ccmixter.org/file/an...
[ end of tracks used by death rock ]

Nightmare by shockshadow (external sample links dead)
http://ccmixter.org/file/sh...
Non-Commercial Sampling Plus
shockshadow
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permalink   Wed, May 11, 2005 @ 10:36 AM
Hi LastChance,
I’m happy to hear you want to use my song in your video. Here’s how I understand the Creative Commons copyrighting. Basically, you don’t "buy" the rights or the license from the artist. The license always remains in the possession of the artist. There are certain terms of use that must be met if anyone wants to use the licensed material without the permission of the artist. In the case of my song "Nightmare", it can’t be used for commercial purposes (sold) without my permission. Anything else is cool by me. If however you contact the author and obtain their permission to breach those license terms, then you may do so. But the fact that the artist retains the license ensures that the person using the licensed material carries through on the terms set by the artist. In my case, I don’t mind if you use my song "Nightmare" in your video whether it’s commercial or not, as long as you give me a shout out in the credits, let me know where/when it’s going to be sold/distributed/viewed in advance, and send me a copy. :) Feel free to email me with any questions.
LastChance
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permalink   Wed, May 11, 2005 @ 6:17 PM
Thanks for feedback. I haven’t heard from everyone else so I’ll just release it under a non-commerical CC video license.

Rendering now, will let you know when its up on Internet Archive.

(Its not a commerical release… I just like to post all my clips with only a share-alike restriction when possible.)

-LC
shockshadow
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permalink   Wed, May 11, 2005 @ 7:20 PM
sounds cool man! can’t wait to see it.
:)
sHORT fACED bEAR
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permalink   Thu, May 12, 2005 @ 12:47 AM
hey last chance,
sorry if this is a bit late but feel free to use the track under watever license.. i look forward to seeing it, let me kno wen its up
fourstones
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permalink   Thu, May 12, 2005 @ 4:54 AM
Asking permission is certainly the most secure way to get things done.

There is one thing that should be cleared up: the Sampling licenses do NOT allow simple synching of audio to video — so you could not, for example, use the Beastie Boys "as is" and drop it into your video. The license requires a "transformation" of the music (remix) or as you are doing, getting permission.

We’re looking at offering different licenses on this site so that film makers could use the tracks found here "as is" for sync-ing but that hasn’t happened yet.

Peace,
Victor
LastChance
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permalink   Thu, May 12, 2005 @ 7:23 AM
Victor,

Thanks for clearing that up for me. I really couldn’t figure out how the audio licences pertained to video. Will keep nagging those I haven’t got a response from yet. People love that.

Hey so I just uploaded a "soundtrack" to my video. Where does that fall? Its not quite a remix as its more of a 30 seconds from each song. Does that qualify as "transformative"? Is that a legal creation on its own, but adding video is different? Or are my "samples" too long?

I’m not trying to be argumentative or find a loophole or anything. I probably just have a different idea what constitutes a transformation.

Will keep bugging ‘em.
-LC
fourstones
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permalink   Thu, May 12, 2005 @ 7:46 AM
(First off, I’m not a lawyer, I’m a lowly contractor/webgeek for CC puching code for the site, there are lawyers monitoring this thread in case I completely blow it but here goes:)

There are several CC licenses that apply to audio works offering a whole range of "standardized" permissions/restrictions built into them allowing artists to choice where to set the dial on what rights they want to reserve and forgoe.

In the case of, for example, Magnatune.com, all of the music at their site is licensed under a NonCommerical-ShareAlike license. That means that for non commercial purposes anyone can use the music, all of the work or just pieces of it in any context. So you can file share a song, synch it to video, remix it, etc.

This site (for now) uses the Sampling licenses which were developed in close conjunction with the remix community that felt there should be a license that allowed sampling but only for transofmative remixes.

From the sampling licenses: "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."

Yes, it’s a very narrow license and as I said, we’re looking to expand the license options on the site in the near future.

As far as your upload goes for the purposes of this site we call everything that uses samples a ‘remix’ or ‘cut-up’ — it’s strictly a matter of pixel space on the screen — we couldn’t think of a one-word term for "thing that uses samples" that would fit into the menus.

Hope this helps,
Victor
LastChance
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permalink   Thu, May 12, 2005 @ 7:57 AM
Magnatune.com …didn’t know about that. Yeah, gives me a wider frame of reference for what kind of licenses can be stuck on music. Will check it out for future stuff, thanks.
fourstones
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permalink   Thu, May 12, 2005 @ 9:22 AM
After listening to your track and conferring with legal types it looks likes you may be covered by the license and don’t need further permission to use the clips you are using in the way you are using them (assuming you’re not putting your film into commercial release, then you need to work out royaly payments for clips marked Non-Commercial).

Basically as long as you use ‘insubstantial portions’ of the music you can use anything on the site without seeking further permission.

Victor
LastChance
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permalink   Thu, May 12, 2005 @ 10:56 AM
Jeeze thanks, I didn’t know you’d do that. Okay well then it’ll be non-commerical release. So far no one has said NO, its just some artists I can’t get ahold of. (In that respect its just like copyright.)

If anyone says NO I’ll pull the video, as I wouldn’t want to use someone’s track if they don’t want me to anyay.

Will post once its up.
-LC
LastChance
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permalink   Fri, May 13, 2005 @ 6:09 AM
I’ve got a skit-specific-post here:
http://opensourcevideo.blog...

Or head straight to IA:
http://www.archive.org/deta...

I wanted to allow commercial reuse of my footage, so simplest thing was to post another "raw footage" version of the video, sans soundtrack, with a more liberal license:
http://www.archive.org/deta...
shockshadow
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permalink   Fri, May 13, 2005 @ 6:46 AM
wow…um…that’s pretty…errr…creepy. <lol>
JH
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permalink   Fri, May 13, 2005 @ 1:36 PM
Hi there! Saw your video, and I also saw that you used Death Rock in it (thanks for the e-mail, btw). A very…um…interesting video. Heh.

The little creeping white thing (whatever is was) reminded me of the remake of "Invasion of the Body Snatchers," where they creeped all over people before copying them.

Not bad.
LastChance
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permalink   Fri, May 13, 2005 @ 5:37 PM
jjprodmast,
Yea, that’s where the idea came from alright.
-LC
nicvcer
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permalink   Thu, Dec 7, 2006 @ 3:17 PM
Heres a video I made with a clip from shockshadow’s “Missing You” A bit off-topic but whatever…
http://www.youtube.com/watch?v=08KeBCVoAr4