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Creative Commons, Fair Use, Copyright, Usage ...

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  • human_factors
    How much of someone else s audio can I use? If no license is referenced or displayed, what are the rules that apply? In short, I want to know how I to treat
    Message 1 of 2 , Oct 29, 2004
      How much of someone else's audio can I use? If no license is
      referenced or displayed, what are the rules that apply? In short, I
      want to know how I to treat audio produced by other people.

      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
      John S. Rhodes
      Industrial Strength Usability
      Usability Consutling --> http://oristus.com
      Usabiltiy Blog --------> http://webword.com
    • Nicole Simon
      ... Depends on local laws involved and which connections they have to others (which is recognized / ackknowledged for example by the us) I would say.
      Message 2 of 2 , Oct 29, 2004
        "human_factors" <john@...> wrote:
        >How much of someone else's audio can I use? If no license is
        >referenced or displayed, what are the rules that apply? In short, I
        >want to know how I to treat audio produced by other people.

        Depends on local laws involved and which connections they have to others
        (which is recognized / ackknowledged for example by the us) I would say.


        http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works

        comes to my mind for example.

        !! please be reminded that some facts be be altered in a court or not seen
        !! that hard but to give you an idea. these are my interpretation about
        !! this business, they are not perfect but I do have had some discussions
        !! over the years and do have some knowledge in it.

        In this case in Germany - I am not a lawjer - I would say the following.
        audio per itself is protected by "Urheberrecht", a slightly different
        modell than copyright even so it translate it into this word. you can
        never give away your ownership, you give away usage rights.

        you are allowed to bill for local / nationwide / worldwide usage rights,
        the regional distribution and for where it is used. meaning for pictures:
        if you use it on your papers and want to use it on your business cards, you
        have to relicense. it is judged on the "how much creativ art ist this".

        if you are successfull with it, I am allowd to bill you even again, because
        you make money out of it. this is in some ways a whole lot of crap and
        needs seriously to be redone. or do you pay each time you sit on a
        beautiful made chair? no, you don't. why not? because it is not art but
        craft.

        back to audio.
        for german productions (and if produced here I would say they automatically
        fall into this category) you are not allowed to use it unless you have been
        given a usage right. I even could declare all of my things ownership free
        but they would never be.

        In case of podcasting, you would need a unlimited worldwide, untimed (I
        forgot the time can be set two, for example "you may distribute it for 2
        weeks!) usage right. If I give you one for podcasting, you where never
        allowed to use it on a cd compilation, a presentation or as an example in a
        website report - unless you get another usage right.

        So I would need to give you a unlimited in time and kind of usage,
        worldwide usage right. You do have a Quotationright, but only to support
        your work and being minor in content. If you use one of my voicesamples for
        example http://useful-sounds.de/sound/good_morning.mp3 as opener for your
        podcast, this is part of your show.

        Chosing a proper CC License for my stuff is still on my todo list. I think
        they finally found a way to have the usversion of the cc license working
        with our "Urheberrecht". IDtagging it correctly is another.

        Even though this is german law, it surely meets laws in other european
        countries and as far as I know, some copyrigth-treatments are acknowledget
        in the us.

        if no license it referenced or displayed, I asume it is not usable because
        unclear whether or not it is free for such use or not.

        [For example I do have a personal voice message from Michael Butlar, two
        mails (one with the song, one with the message) his song was played at adam
        curry etc. He would have difficulties to prove that I was not allowed to
        play his song in my local radio show. ]


        Always think of beeing in a court and having to prove that you indeed where
        allowed to play so and how much it would cost you if the judge does not
        think so. A local judge in this case.

        On the other hand this is a call for "please make clear how I can use your
        audio" to the authors.

        hth
        Nicole



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