[linux-audio-user] Specifying the license when posting music?

tim hall tech at glastonburymusic.org.uk
Fri Aug 19 05:04:41 EDT 2005


On Thursday 18 August 2005 22:13, Shayne O'Connor wrote:
> tim hall wrote:
> > On Sunday 07 August 2005 10:02, David Collins wrote:
> >>P.S. Maybe there's a specific policy already that I'm
> >>not aware of?
> >
> > Until we make a decision not to accept non-CC submissions to the list you
> > should assume that a piece is copyright the author and all rights
> > reserved unless explicitly licensed otherwise.
>
> that is *always* assumed, whether a piece has been licensed or not.
> copyright isn't really the issue here, is it? isn't it licensing ... ie
> - how we are allowed to *use* the music, not who is creator or
> intellectual "property" owner?

Yes, the issue is licensing here.

> i don't think by posting music to this list that anyone is giving up
> their copyright, but they *are* sort of saying "here is a public link to
> some music i made, anyone can download it 

Yes.

> and distribute it". 

No. If I wanted my stuff distributed, I would license it appropriately.

> we are  
> basically, through a sort of informal contract, issuing stuff under a
> Creative Commons license every time we post our music here

That's an assumption on your part which I don't share. You have to consciously 
accept a contract (i.e. sign it or =) in order for it to be binding under 
British law (ANAL). I think you have to at least shake hands in order for it 
even to be considered a 'gentleman's agreement'.

> - if we 
> *weren't*, then we'd potentially be exposing everyone on the list to
> breaking the law.

Really?!? I will be very careful about what I post on this list if that _is_ 
the case. It would be good to clarify this.

I think I'm slightly at odds with the consensus here. I am primarily a writer 
of music, before even being a performer or player. I am still quite new to 
using computers for this task. While I think Free Licensing for creative 
works is a good idea, I'm not entirely convinced by the ramifications. My 
chief worry is that while I would be flattered if any of my music was used to 
promote something I believe in, I would be mighty pissed off if it got used 
to advertise some ecologically damaging product or xenophobic attitude.

The problem with advertising and music is that it's much more emotional than 
software. If someone with radically different politics uses that software 
very publicly, it doesn't imply any kind of endorsement of the final product 
on the part of the software developer. Music or a public appearance does 
create the impression of endorsement. As an audience's support is somewhat 
style dependent, this can be critical. Ozric Tentacles lost a lot of fans 
over the Ford commercial they did. I have already sailed a little too close 
to the wind on this issue myself, hence the concern. I know I stand to be 
corrected on this one, nevertheless, it's a worry.

I guess the answer is that I can be an eco-fascist control freak if I want to, 
but that I shouldn't expect other people to support my point of view. ;)
-- 
cheers,

tim hall
http://glastonburymusic.org.uk/tim



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