[Consortium] request for licensing advice from ron parker

Daniel James daniel at linuxaudio.org
Fri Jan 14 06:12:19 EST 2005


Hi Chris,

> > > The CC sampling licences may also be appropriate -- see
> > >
> > >   http://creativecommons.org/license/sampling?format=audio
> >
> > I don't think they would be right for Ron, as they permit
> > 'creative transformation'.
>
> Er, isn't that necessary in order to permit the drum samples to be
> used in actual music?

This is why lawyers make so much money - first, you write a licence...

I'd argue that the use of drum samples 'as is' in a program like 
Hydrogen doesn't constitute transformation of the samples themselves. 
It becomes complicated when you add real-time effects, since the 
effects aren't printed to the samples, yet the modified form will 
appear on the recording. I guess it's the distribution of modified 
drum samples, not the modification itself, that's the issue. 

My personal principle is that licences on creative tools - which would 
include authorised drum kit samples included with software - 
shouldn't be applied to the creative works made with those tools. 
That really would be a 'viral' effect, and a restriction on user 
freedom. 
  
Cheers

Daniel



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