Results 1 to 9 of 9

Thread: Creative Commons No-Derivatives

  1. #1

    Default Creative Commons No-Derivatives

    Quick question about the creative commons ND license.

    Can a No-Derivatives song be used in the background of a video? I can't seem to find a clear ruling on this.

    Thanks

  2. #2

    Default

    In general I believe this to be the case so long as you give the right credits etc. BUT you may fine each individual may have certain stipulations of use so you would have to check with the original authors of the music to see it any restrictions apply. Sorry if that's not as black and white as you would have wanted but the law isn't alway black and white.

    I'm not a legal expert I'm just going off my understanding of what I've read on the internet. Have you had a look at Creative Commons

  3. #3
    Join Date
    Feb 2006
    Location
    Surrey, UK
    Posts
    10,851
    Blog Entries
    1

    Default

    I'm afraid it looks like this rather depends on what your country defines as a derivative work or adaptation. The CC pages at Frequently Asked Questions - CC Wiki state:

    What is an adaptation?

    An adaptation, referred to in pre-3.0 licenses as a derivative work, is a work based on one or more pre-existing works. What constitutes an adaptation depends on applicable law, however translating a work from one language to another or creating a film version of a novel are generally considered adaptations.
    In order for an adaptation to be protected by copyright, most national laws require the creator of the adaptation to add original expression to the pre-existing work. However, there is no international standard for originality, and the definition differs depending on the jurisdiction. Civil law jurisdictions (such as Germany and France) tend to require that the work contain an imprint of the adapter's personality. Common law jurisdictions (such as the U.S. or Canada), on the other hand, tend to have a lower threshold for originality, requiring only a minimal level of creativity and “independent conception.” Some countries approach originality completely differently. For example, Brazil's copyright code protects all works of the mind that do not fall within the list of works that are expressly defined in the statue as “unprotected works.” Consult your jurisdiction's copyright law for more information.



    So, if a translation or a film version of a novel is considered an adaptation, it seeems quite likely to me that adding the music to a film would also be considered an adaptation.

    Furthermore, there is a chart on the same FAQ page which shows what CC licences are compatible with others (in other words what CC licence you could apply to your own film). In this chart it absolutely no licences are compatible with work which has a No-Derivitives licence. In other words, you could not put a CC licence on your film as it would include a pice of music which has an ND-CC licence.

    Midnight's suggestion is clearly what you need to do here. So long as your film is of a reasonable quaility and doesn't offend the composer, the chances are he/she will be flattered to be asked and only too glad for you you to use their music.
    Tim

  4. #4

    Default

    Blimey, it's even worse than I thought.

  5. #5

    Default

    Quote Originally Posted by Midnight Blue View Post
    In general I believe this to be the case so long as you give the right credits etc. BUT you may fine each individual may have certain stipulations of use so you would have to check with the original authors of the music to see it any restrictions apply.
    Couldn't agree more.
    Getting in touch with the original owners of the work and getting permission pref written is the best way to go form what I have found out .
    Such a complicated law with lots of grey areas.


  6. #6

    Default

    Thanks guys,

    I've been looking at music from the Free Music Archive and video from archive.org for a short internet video I'm working on. Problem is that contact info seems somewhat sparse on both these sites.

    I eventually found confirmation here about the license Legal Music For Videos - Creative Commons

    I just find it odd that the CC code seems to suggest that music over video isn't an 'adaptation' (the music isn't being changed etc) and then
    Under CC licenses, synching the music to images amounts to transforming the music, so you canít legally use a song under a CC No Derivative Works license in your video.
    Playing the music and showing pictures at the same time changes the music? On who's planet?! If I listen to ND music and look out of the window at the same time do I breach the license by combining the two in my head?!... I'll end the rant. It's just it almost seems like this was simply stapled in to please people who weren't happy with their music ending up in any old video on youtube.

    Which is fine buuuut I worry that people put the ND license on their music because its the the only one which prevents remixing, but then don't realise that they've also stopped it from being used (completely unchanged) in a video. Seems like the sort of problem that CC was created to address :/

    But I'll keep on trying to contact people. FMA has such an excellent range of good music, I may end up stumbling upon the perfect, suitably licensed track at some point anyway.

    Thanks again

  7. #7
    Join Date
    Feb 2006
    Location
    Surrey, UK
    Posts
    10,851
    Blog Entries
    1

    Default

    Quote Originally Posted by goodeye View Post
    Which is fine buuuut I worry that people put the ND license on their music because its the the only one which prevents remixing, but then don't realise that they've also stopped it from being used (completely unchanged) in a video.
    I suspect you're right. But the long term solution to this is to petition for another variation of CC - "Creative Commons, Non-Derivative, With Sync Rights" which would allow people to edit music in length to fit the video and sync it to the video.
    It's get my vote.
    Tim

  8. #8

    Default

    Seconded.

  9. #9

    Default

    Yes I agree ......It would be a good move in the right direction (personal opinion)

Similar Threads

  1. Hey guys, something creative going on
    By N3D in forum The Job Market
    Replies: 0
    Last Post: 05-04-2010, 12:34 AM
  2. Get creative, not technical
    By Marc Peters in forum Forum Announcements and News
    Replies: 10
    Last Post: 12-14-2006, 12:14 PM
  3. Creative Video
    By Marc Peters in forum Forum Announcements and News
    Replies: 1
    Last Post: 11-16-2005, 07:46 PM
  4. Techy or Creative?
    By Marc Peters in forum Forum Announcements and News
    Replies: 10
    Last Post: 04-10-2005, 08:33 AM
  5. Creative Audigy :(
    By LendlD in forum The Perfect Video Editing PC
    Replies: 5
    Last Post: 07-03-2004, 11:32 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •