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Re: [Commons-l] Open Document...

Douglas Pollard

19 Nov 2008 19 Nov '08

3:04 p.m.

I have been downloading some video that is made from old silent film movies. They are licenced cc no derivatives. Some are remixed. How is this possible? I am thinking these old films were in the public domain or the remixer bought the right to publish them. How do these clips get published under CC. How does a remixer get the right to not allow remixing or derivatives? If he did a voice over it makes sense that he has the right to publish his added sound but how the video? If you buy publishing rights can you then publish under a CC licence. I am trying to figure out what I can use in making a video and how it is that I can't use some things and can others. My video will be maybe 70% my own work but I would like to use CC music.some pictures, video and sounds, then publish in creative commons. Doug

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Bryan Tong Minh

19 Nov 19 Nov

3:13 p.m.

On Wed, Nov 19, 2008 at 4:04 PM, Douglas Pollard <dougpol1(a)verizon.net> wrote:

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If you use a work that is in the public domain and add creativity to it, you can get copyrights on it (if the threshold of originallity has been passed) and thus license the work anyway you wish.

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If you buy publishing rights can you then publish under a CC licence. I am trying to figure out what I can use in making a video and how it is that I can't use some things and can others. My video will be maybe 70% my own work but I would like to use CC music.some pictures, video and sounds, then publish in creative commons.

Usually when you buy publishing rights you buy a non-exclusive license that is bounded to terms, which may or may not be compatible with a certain CC license. In principle you can use public domain works in it. Make sure that the other CC licensed works are mutually compatible. The vast majority of the CC licenses and musical works are under an unfree CC license. In case you want a reliable opinion, you should refer to lawyer. Bryan

Douglas Pollard

4:29 p.m.

Bryan Tong Minh wrote:

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On Wed, Nov 19, 2008 at 4:04 PM, Douglas Pollard <dougpol1(a)verizon.net> wrote:

If you use a work that is in the public domain and add creativity to it, you can get copyrights on it (if the threshold of originallity has been passed) and thus license the work anyway you wish.

Bryan, I guess what I am trying to figure out is: if I take a film clip from the public domain and add to it remix, change it then I can publish with a CC licence. That would not seem to me to mean that I own my copy of the film clip I used but only what I added to it. Can the work I did to the clip be seperated out and not used but then can the remaing clip be reused. It would seem to me to still be in the public domain. Of course I am not looking for a lawyers advice here but just another opinion. My feelings are the creative commons licence would seem to have no effect on the original clip itself or a copy of it?? Man-o-man, thinking this hard hurts. :-) I have a ton of video and pictures I have taken of mostly scenery that I want to place on line under cc licence which anyone can use for any purpose (no conditions). I am in my mide 70's and I thinking one of these days my kids will throw them all in the trash. At least if they are on line they can go back and get them. Doug

Platonides

6:10 p.m.

Douglas Pollard wrote:

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Yes, if you could separate the changes from the original, and retrieve just the Public Domain original, you could use that.

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Of course I am not looking for a lawyers advice here but just another opinion. My feelings are the creative commons licence would seem to have no effect on the original clip itself or a copy of it??

Of course not. If you have a copy of the original clip, you can do whatever you want with it. If you get a PD clip from third party, under another license, IMHO you still could do it, but that's a grey area. Some archives and museums claiming copyright over their PD collection would disagree. :)

Gregory Maxwell

3:58 p.m.

On Wed, Nov 19, 2008 at 10:04 AM, Douglas Pollard <dougpol1(a)verizon.net> wrote:

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I have been downloading some video that is made from old silent film movies. They are licenced cc no derivatives. Some are remixed. How is this possible?

Anyone can derive a new work from a public domain work and distribute the result under any license they want. They could also take a public domain work verbatim and only distribute it to people who agreed to a contract that did not permit them to make additional copies. This ability to take previously freely licensed works and "unfree" them is why copyleft licensing was created: http://en.wikipedia.org/wiki/Copyleft

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If you buy publishing rights can you then publish under a CC licence.

This is entirely dependant on what you purchased and which CC licenses you're talking about.

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My video will be maybe 70% my own work but I would like to use CC music.some pictures, video and sounds, then publish in creative commons.

You should be very specific when you talk about Creative Commons licensing because the different license types are as different as night and day. "CC-By-NC-ND", for example, permits very few activities, while "CC-By" is very close to public domain (it allows people to make non-free derivatives, for example).

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Bryan Tong Minh
Douglas Pollard
Gregory Maxwell
Platonides