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

From: Shayne O'Connor <forums@email-addr-hidden>
Date: Sat Aug 20 2005 - 03:11:27 EEST

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
Received on Sat Aug 20 04:15:13 2005

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