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Question about licenses...

cinematrik
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permalink   Fri, May 13, 2005 @ 1:59 PM
Sorry if this has been covered before, but I have a quick question. I just uploaded a remix using some of the Wall Drill samples from ugly by now (btw thanks for the samples!).

When I uploaded it I noticed that I didn’t have a choice in which license I was uploading it under. Is this because what I sampled was released under the sampling plus license? So basically my remix has to be released under that same license? Or can I release it under non-commercial sampling plus?

I guess my broader question is, how does this work exactly? For instance, the track on the wired disc used samples from stuff released under both licenses but it had to be released under the non-commercial license since it had non-commercial samples in it. Right? The non-commercial license trumps the sampling plus one I guess. But then if it only contains sampling plus material it has to be released sampling plus?

Just curious…

Tim
[hisboyelroy]
admin
admin
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permalink   Fri, May 13, 2005 @ 2:39 PM
Well there’s a bunch of legal mumbojumbo (he said lovingly) and then there’s site policy — two different but strangely intertwined things.

I can speak with authority on site policy because I wrote the code.

I can speak about the legal issues strictly from layman’s impressions. I am not now nor have I ever been a lawyer.

The site policy is to automatically inherit the "strictest" license of whatever you remixed without choice. This was simply the safest thing to do from a legal standpoint because it raises no questions about what is allowed with the remix and what isn’t.

Strictly speaking you should be able to make the remix more restricted than the source.

I’ve been meaning to check if the Sampling licenses even imply a ShareAlike clause at all but I don’t have the answer for that (if it doesn’t than you could re-license under a completely different license).
But nothing is more complicated in this world than finding "compatible" licenses so again, I chickened out and went for the safest.

if you’re still curious I can get some lawyers involved or even better you could sift through the CC mailing lists archive (which, no joking, is often interesting and engaging).

Hope this helps — and thank god you’re posting again! ;)

Victor
cinematrik
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permalink   Fri, May 13, 2005 @ 2:46 PM
Victor -

Thanks for the info! I was mainly curious because I didn’t have the choice when I uploaded.

But yeah I’ve been super busy but I’ll definitely be around :-) I apologize it’s been a while…

Tim
Aamu
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permalink   Sat, May 14, 2005 @ 10:49 AM
Quote: When I uploaded it I noticed that I didn’t have a choice in which license I was uploading it under. Is this because what I sampled was released under the sampling plus license? So basically my remix has to be released under that same license? Or can I release it under non-commercial sampling plus?

Victor gave a good explanation, but there is actually a workaround currently available: You can upload a single track (or just a slice) of the to-be-released song under the non-commercial sampling plus license, then upload the whole song, and add the first loaded track as a sampled source. Now you have the track under non-commercial sampling plus license, because you used a sample under that license, even though it was your own sample.