[LAU] [OT] Another problem with creative commons licenses [UPDATE]

[Cesare Marilungo]

drew Roberts wrote:
> On Wednesday 20 February 2008 12:46:59 Cesare Marilungo wrote:
>   
>> Cesare Marilungo wrote:
>>     
>>> Here's the story: I published some tracks of mine at opsound.org. At the
>>> time I submitted these tracks, the license was by-nc-sa, which is the
>>> same license I've always used for all the other websites where I've put
>>> my stuff.
>>>
>>> Now they've changed the license and removed the non-commercial clause.
>>> As a result of this, may more websites (which crawl the content from
>>> opsound) host my tracks with the by-sa license.
>>>
>>> Could they do this? What can I do now?
>>>
>>> -c.
>>>       
>> I received a mail from opsound. It seems that the license has always
>> been by-sa.
>>     
>
>   
First, let me state once again that it's not that I've changed my mind 
and it's not Opsound.org folks fault, either. I made a mistake and I'm 
trying to solve the issue.

> I was just researching that for you...
>
> I went to the wayback machine.
>
> http://web.archive.org/web/20030312104735/www.opsound.org/opsound.html
>
> That is the earliest page I could get to. Apr 07, 2003
>   
Yes, I aready checked on the wayback machine.
> I has been straight BY-SA since then.
>   
>> Most websites that host music don't require any license at all. You just
>> have to be the copyright holder and you must agree to let them publish
>> your music on their website. Other sites, like Jamendo, let you choose
>> which cc license you want to use.
>>
>> Probably, when I submitted my tracks it wasn't clear enough (at least to
>> me) that the music should be licensed that way.
>>     
>
> So, it may be that those tracks are BY-SA and you may not be able to do much 
> about it as far as people who already have them go.
>   


This is true for those who acquired the tracks before today. Now I 
removed my page at opsound.org and everywhere else (and in particular on 
my own website, where the tracks are physically hosted) the license for 
these tracks has always been by-nc-nd.

So, if somebody wants to use these tracks for commercial purposes he 
should either consider them to be licensed as non-commercial or he 
should prove he acquired the tracks from Opsound in the period in which 
they were there with that particular license. By the way, how you can 
prove such thing? If I want to use somebody else's work for a commercial 
purpose, and I see that his work is published on a website under a 
creative commons non non-commercial license, I would ask for a signed 
piece of paper that states so, so that I have a proof I can show in the 
case I get sued.

IANAL, and of course I'm not sure about this. But this is my understanding.
> However, just FYI and the information of any else in a similar boat.
>
> If someone wants to include your BY-SA music in a film or video, the film or 
> video has to use the BY-SA license as well. If they are unwilling to make the 
> film BY-SA, then you can get paid for an lsternate license just like someone 
> who wanted to use an NC track or even an ARR work.
>
> Again, not legal advice, but look into the workings for yourself if you are 
> interested.
>   
>> Anyway, sorry for the noise.
>>
>> -c.
>>     
>
> all the best,
>
> drew
>
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>
>   


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