Teresa Tang is not alive anymore. She died in 1995. The song was written the 1950’s and is public domain here in China.

But that is her vocal? From the 1980’s? Not sure we can put that under Creative Commons?

You can because it is from a broadcast on the government’s network CCTV. They did not start protecting content that was rebroadcast till the mid 1990’s. I am very confident I am safe. All the songs I am using for this project are public domain.

Unfortunately the admin team feels we need to pull this mix because it is not in public domain and includes a vocal a public performance from 1980s. Perhaps you can take your music and replace it with a vocal here on ccMixter? Or approach a vocalist here on ccM to sing a new melody for you? Apologies.

I am sorry you and your team feel that way. Sadly, I feel a little punished for being honest and upfront. If I provide you the link on YouKu.com. China’s version of YouTube will you reconsider?

Quote: pharmacopiaI am sorry you and your team feel that way. Sadly, I feel a little punished for being honest and upfront. If I provide you the link on YouKu.com. China’s version of YouTube will you reconsider?

Here is the link to the source vocal. http://v.youku.com/v_show/i...

You really aren’t being punished. I am sorry you feel that way. If you’d lied, that is, well, unethical right? Being honest is important for us to be able to keep a very high level of integrity here at ccMixter, keep us protected from expensive lawsuits and allow us to keep doing what we all love. Making music. I checked out your link - it doesn’t state that track is in public domain or creative commons. I’m not a lawyer, nor am I familiar with Chinese law, but in the US, a track must be older than 1920 to be in public domain, and we are bound by those laws. I am truly sorry and hope you will understand, and keep making music here at ccM.

It is public domain in China. It is automatically public domain in the rest of the world. If you do not have the resources to validate this then technically should then not allow any foreign language singing content on your site. You have a business and I can appreciate you want to protect it. But I feel if I am being singled out. You should do the same for every foreign language song on CCMixter to protect yourself.

The site has always, in all cases, erred on the side of caution and this is just another one of those cases.

I don’t have the number in front of me but my estimate is that we have banned 1,000s of pieces of music based on favoring caution over the word of the poster. The vast majority of those have been because we ask the poster and they tell us honestly how they came across the samples.

If we were to ignore our guiding principles or change our process for your case then you could rightfully claim to be singled out. Otherwise… this is how we do it.

I totally understand, from your view point. I am seeking a few friends to sing the song for me. I hope you will reconsider the repost. When I do, would I repost it on the same page or create a new one?

it’s up to you but easier to create a new one