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Arbitrary change of license of a music

FPSxploit
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permalink   Thu, Jul 19, 2012 @ 9:16 PM
The user opus_opium( http://ccmixter.org/people/... ) has released in a while a song (“Momentum”) under the CC BY 3.0 license. As the license allows commercial use I ended up using in a video. Yesterday I received an email that user requiring me to remove the video because I was violating copyrights by him to make commercial use of music. He deleted the music from your profile, forcing me to delete the video for failing to prove that he had released music under a license that allows commercial use. I wonder if other users who offer their creations agree with that kind of attitude, users release their creations on licenses that allow commercial use and then, without a modicum of responsibility, change their mind and demand that they delete jobs that used works, even if the original license allows commercial use.

*Recalling that the song was used following the license rules, giving credit to the author. The author has removed the music from his profile to force me to delete the video for failing to prove that the song was released under CC BY 3.0.

*Even I can say he was quite blunt: “(…) I Consider you you use a spam artist works for your peoples only gain and what you doing is using Other Peoples videos.(…)”, I record and edit all my videos and just used his music because the license allowing commercial use. It is very unfair to you to be prejudiced, you are using a CC BY 3.0 content and the author is accusing you of infringement copyright.
colab
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permalink   Fri, Jul 20, 2012 @ 6:47 AM
I can really understand your frustration. I don’t want to get into the specific situation here, but I think many musicians here don’t fully understand the licenses they use.

From Creative Commons (my emphasis): Creative Commons licenses are non-revocable. This means that you cannot stop someone, who has obtained your work under a Creative Commons license, from using the work according to that license. You can stop offering your work under a Creative Commons license at any time you wish; but this will not affect the rights associated with any copies of your work already in circulation under a Creative Commons license. So you need to think carefully when choosing a Creative Commons license to make sure that you are happy for people to be using your work consistent with the terms of the license, even if you later stop distributing your work.


Perhaps if you contact the ccMixter admins someone is able to dig out system logs that show the license used for the original upload.
 
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permalink   FPSxploit Fri, Jul 20, 2012 @ 7:59 AM
Unfortunately I did not know that, just deleting the video. Doing a quick search on google it seems that this same user has already provided the same music on other licenses as well as the Sampling Plus 1.0 License.

Apparently he released the same file at different times with different licenses. I always use CC BY 3.0 songs, because I would not cheat and use files with another license, and even though I had used the song with the license Sampling Plus 1.0 I could have used commercially.

With a google search with “momentum by Chuck Berglund” anyone can find videos using his music, but when he saw that I have a partnership with Youtube and used his music he apparently got angry and deleted the file (or files) of ccMixter to force me to delete the videos for lack of evidence.
 
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permalink   Chuck Berglund Sun, Sep 23, 2012 @ 1:05 AM
I Did Not Delete/Retire Momentums for Lack of Evidence please…… I had used Kerri Lake Flute Piece she choose the sampling plus 1.0 for starters. I retired it for a few reasons it was used many times on youtube, Kerri did not get much credit mentions most take from Dig CCmixter and does not include Colaborator names and only uses or Log in Name. I was also looking out for Artists here on CCmixter and figured that Momentums was used enough. Thanks for your understanding.
Chuck Berglund
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permalink   Sun, Sep 23, 2012 @ 12:39 AM
I did not email you stating the fact you have to or should remove Momentums i removed it for a few reasons. I contacted you before that, you never responded I even sent you a sound file (Azuchi Quest Track) no response, I send you a You are Not Authorized subject heading email you that was for (Azuchi Quest Track) you then responded to that correspondence but you did you mention the track I sent you (Azuchi Quest Track) which may have better suited that video. Anyways my actions are part of my military training from the past I was called to action when you didnt respond looks as if responded quickly to that. You can use Momentums even though i have retired it. Thanks