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Home » Forums » The Big OT » This album seems to be a violation of CC terms

This album seems to be a violation of CC terms

Ivan Chew
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permalink   Fri, Mar 23, 2018 @ 10:03 AM
Found this album on Amazon. It features CC-BY music from the community here.
https://www.amazon.com/gp/aw/d/B01J2Z9P7W/ref=dm_aw_dp_sp_bb_sfa

It lists individual names of the creators but doesn’t link back to ccM or the CC license at the very least, which I understand is a requirement.

“Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.”

The only caveat is the “any reasonable manner” portion. So I’m seeking opinions whether the publisher has violated the terms. Or maybe I’m just too sensitive about it.
texasradiofish
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permalink   Fri, Mar 23, 2018 @ 8:07 PM
Ivan,

Amazon’s compliance with Attribution 3.0 Unported (CC BY 3.0) is not obvious.

You could contact Amazon to request that appropriate information required by license be provided, or take down the licensed work. If the information required is provided at time of purchase as liner notes, for example, they should provide that information to you upon request.

Amazon Digital Services LLC sells your work for download and within its Unlimited listening service. They have a responsibility to address disputes.

If you address this topic with Amazon, please post the outcome here. Running herd on internet abuses of CC licensing is too often a tedious task.

Emily and admin crew may have some insight with respect to Amazon.

TRF
 
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permalink   Ivan Chew Sat, Mar 24, 2018 @ 8:33 PM
Thanks, TRF. Good point about the liner notes. I’ll ask about that.
 
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permalink   Snowflake Mon, Apr 16, 2018 @ 3:54 PM
Let me know what you’ve found out — and if we should look into doing a takedown notice.
 
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permalink   Ivan Chew Wed, Apr 18, 2018 @ 10:49 AM
Will do, Emily. I just submitted my copyright complaint to Amazon. Took a bit of time to do so, as I wanted to be absolutely sure of my grounds for complaint.

Here’s my submission to Amazon. If anyone spots any flaw in fact or logic, well I’d rather hear from you first than anyone else:) If the publisher (Influenza Records) reads this post, I stand by what I’ve submitted and welcome clarifications.

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Hi, I’m the creator of the music track “Dawn’s Battle (Instrumental)” http://ccmixter.org/files/r... published on ccMixter.org on 6 Feb 2016 under a Creative Commons Attribution 3.0. license (ref: https://creativecommons.org/licenses/by/3.0/)

The same track is offered at Amazon under a “Influenza Records” label (ASIN: B01J2ZAG8O & B01J2Z9P7W). I have reasons to believe there is a violation of my copyright.

While the label has indicated the title and attributed the work to my name, it is missing several other attribution requirements, e.g. There needs to be a link to the Creative Commons license; a CC-Attribution license notice; a link to the original material.

Its copyright notice says “Copyright:℗© 2016 Compilation 2016 Influenza Records each sound recording owned by respective Artist”. This is misleading, as saying the recording is “owned by the respective artist” is not the same as saying the work is released under a CC license. Also, another misleading/ ambiguous aspect with that rights statement: it may be read as the artist having some contractual relationship with the label (while retaining ownership over their own work).

That said, the CC license does allow for attribution in “any reasonable manner”. E.g. full attribution information may be in the music liner notes (assuming there is one). If so, I request for the accompanying notes or any proof of compliance of the CC terms of Attribution.

Thank you for your attention. I look forward to your clarifications on this matter.

Best Regards,
Ivan Chew
 
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permalink   Ivan Chew Wed, Apr 18, 2018 @ 10:52 AM
One other thing: I did not submit a complaint on behalf of other ccM Artists, as I thought I can only claim a violation of my own work.
 
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permalink   spinningmerkaba Tue, May 1, 2018 @ 8:07 AM
any updates on this?
 
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permalink   Ivan Chew Tue, May 1, 2018 @ 12:10 PM
Nothing. Have sent an email reminder to Amazon. Which is disappointing, cos their initial email acknowledged that a response usually takes them 1 - 2 days. And I’ve looked through my spam folder.
 
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permalink   Ivan Chew Tue, May 1, 2018 @ 8:16 PM
Just realised Amazon took down the pages offering the music product. But no reply from them still. Presumably my claim was valid, and not that they just temporarily took down the page.
 
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permalink   spinningmerkaba Wed, May 2, 2018 @ 1:00 PM
Well, I guess thats better than no response at all…?
 
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permalink   Ivan Chew Wed, May 2, 2018 @ 7:24 PM
Indeed. Though I’m disappointed the result was a takedown rather than a relatively simple amendment/ inclusion of the required credits. Well, I hope this thread helps others check and report similar cases.
 
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permalink   Beluga Ten Sat, May 5, 2018 @ 8:43 PM
They might feel that there’s no way to do that on some digital downloads; for example, to an Amazon Echo.

At least Amazon’s report form is far friendlier than Apple or Google’s. I’ve just submitted a report to Amazon for the following after you reminded me that I haven’t checked recently :-) : https://www.amazon.co.uk/dp...
 
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permalink   Ivan Chew Thu, May 10, 2018 @ 6:17 AM
Yeah I thought making a report to Amazon was relatively easy. Re: the “no way (to credit properly)” part, I felt the label that put up those CC licensed songs could have easily found a reasonable way to credit properly. CC isn’t that prescriptive in how credit must be done, as opposed to what needs to be credited.