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Magnatune contest: why can't we use mixter samples?

MarcoRaaphorst
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permalink   Fri, May 20, 2005 @ 3:55 AM
Why this:
Music licensed under the Sampling licenses (i.e. most of what is currently available on CC Mixter) is specifically NOT allowed to used in this contest.

I don’t understand that, why?
victor
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permalink   Fri, May 20, 2005 @ 4:59 AM
because we’re all learning about this stuff as we go along ;0

john wrote it up nicely;

http://blogs.magnatune.com/...

and we’re looking at a longer term solution so this doesn’t happen again.

peace,
vs
teru
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permalink   Fri, May 20, 2005 @ 5:02 AM
Hi Marco,

I’m not entirely sure of the answer to this but my guess would be legal considerations on the part of Magnatune. i.e. a Magnatune promo would likely be considered commercial use.

On the plus side. we have tons of new Magnatune samples to work with, so it’s not all bad news. ; )

*Oh Victor just answered. Please disregard my post.
MarcoRaaphorst
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permalink   Fri, May 20, 2005 @ 9:26 AM
The license they have choose is a NonCommercial one. So it IS considered Non Commercial.

What worries me is that they needed lawyers to check out if it was legal to do it like this. I mean, for most musicians getting a lawyer is a serious dead end street.

From Magnatune blog:
"One other big issue came out was how the various CC licenses work (or don’t) together. Since we release our music under a "share-alike" license that requires new works to be released under the same license, you cannot use other samples at CC Mixter in this remix contest, because those are mostly released under the more restrictive "sampling" license (we use the more general "derivatives" license) — because if you made a work which used samples from both works (each with a different license), which license would the new work use? The answer: you can’t, it’s not allowed."

First of all this shows us that there’s a flaw in the system. But it also tells me it’s a bit strange why not Sampling or Sampling Plus was used. We’re are talking about sampling these vocals and created a new song out of it. CC created these licenses excatly for sampling. Magnatune says: "Since we release our music under a "share-alike" license", but I find this too simple. They should be more flexible for a competition like this because in one way Magnatune is now blaiming CC not to be flexible enough for these sort of things. AND THAT’S WHY CC WAS CREATED!!!! For sharing AND sampling! Come on. All stuff at CCmixter is uploaded to be remixed. And now we can’t even sample this stuff for a simple contest.

Man… that stinks!
victor
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permalink   Fri, May 20, 2005 @ 12:41 PM
I’ve talked to John about this and I don’t think he’s blaming anybody for anything, it’s just the way things turned out — imho both sampling lics and by-nc-sa are strict in weird places (sampling requires transformation, no film synching and no advertising, by-nc-sa requires coypleft — these just aren’t compatible especially considering the winners are signing a Magnatune deal for commercial release including film licensing.

and yes, it stinks, it’s weird and unfortunate but as I’ve said I know the CC folks are working hard at making it right — although that may not happen in time for this particular contest.

Victor