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

[Shayne O'Connor]

Brad Fuller wrote:
> Shayne O'Connor wrote:
> 
>> Lee Revell wrote:
>>
>>> On Fri, 2005-08-19 at 20:35 +0100, tim hall wrote:
>>>
>>>> If we are going to assume CC status for works posted here
>>>
>>>
>>>
>>>
>>> IANAL but I am almost positive that would not hold up in a US court.
>>> Creative works default to "All rights reserved", which includes anything
>>> posted to this list without a specific license attached, regardless of
>>> what the informal list policy is.
>>
>>
>>
>> just in the interests of clarifying something (i doubt it will serve 
>> much practical purpose here):
>>
>> it is agreed that, in the absence of any other licensing information, 
>> that creative works will default to "All rights reserved" ... but out 
>> of interest, does posting a link with explicit permission to download 
>> (ie copy) a song, give up any copyrights *in that instance* ? because 
>> you are, in effect, lifting some of those implied copyright 
>> restrictions (otherwise it would be against the law to make a copy of 
>> it, wouldn't it?).
> 
> 
> 
> One needs specific authorization from the copyright owners (both from 
> composers and the ones who own the sound recording) to distribute or 
> reproduce copyrighted recorded works.
> 
> IANAL either, but I would propose that if you posted a message to a 
> specific group (not the world) and indicate that they are allowed to 
> download a piece, you are in fact giving them the option to listen to 
> your piece for free. But, they don't own the piece. There is nothing 
> implied in the act of allowing them to listen to it that indicates they 
> can transfer the piece to someone else. Because, they don't have the 
> right  -- only the copyright owner does.
> 

just want to make clear - i'm not talking about giving up 
ownership/authorship/licensing fees ... i'm talking about sharing music, 
as in "am i allowed to keep this in my shares folder when using 
soulseek/amule/etc? am i allowed to aggregate/distribute it along the 
lines of RadIO or Commontunes.org?".

this is a pretty important question, i think, and not entirely black and 
white .... you have to remember that a lot of these copyright laws are, 
like, in a different dimension to what reality consitutes these days.

shayne