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Sampling Plus?

teru
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permalink   Fri, Feb 25, 2005 @ 12:29 PM
Hypothetical question. If someone were to use a sampling plus licence track for a show about, oh I don’t know, killing little bunny rabbits. Does the person who made that track have any power to stop the track from being used? Just wondering.
Fujimo
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permalink   Fri, Feb 25, 2005 @ 2:22 PM
you can’t use a sampling+ track commercially. You can only use it commercially in a derivative work. Check out section 3 paragraph a. ii:

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.


so if you sample a sampling+ track then you can use it in a production based on killing little bunny rabbits. They can’t stop you, look at section 7 paragraph e:

This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements, or representations with respect to the Work, and with respect to the subject matter hereof, not specified above. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.

ask a lawyer though, if legalese were more like computer code than I would be 100% certain of this.
admin
admin
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permalink   Fri, Feb 25, 2005 @ 2:35 PM
According to my sources at CC: fujimo’s reading is correct. The content of the show isn’t dictated by the license but use of the music has to be transformative and sync’ing is not covered. (I asked a lawyer)
teru
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permalink   Fri, Feb 25, 2005 @ 2:37 PM
Thanks Fujimo. Thanks Victor.