20 Feb
2008
20 Feb
'08
4:57 p.m.
drew Roberts wrote:
On Wednesday 20 February 2008 12:46:59 Cesare
Marilungo wrote:
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.
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.
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.
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.
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.
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.
--
www.cesaremarilungo.com
Anyway, sorry for the noise.
-c.
all the best,
drew
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