Re: [microsound] open audio license

[Michal Seta <mis@xxxxxxxxxxxxxxxx>]

On Wed, 2003-11-05 at 13:35, Phil Thomson wrote:
> Yes, the creative commons licenses are great, but it seems there's
> nothing to prevent someone from taking something released under any of
> their licenses, sampling it, releasing a mega-hit that makes a million
> bucks, and not sharing any of that wealth with the original artist.

Anyone who will actually be able to make a million bucks will have a
herd of lawyers looking after him/her.  No lawyer will walk into that. 
A license is a license, no matter what it says.

However, suppose someone goes for it, in a legal way.  Ships the CDs to
stores and sells 300 000.  Your name is on it, too.  Can you afford
paying a million for publicity?  I didn't think so.

On the other hand, his sales will drop after day one when everyone who
bought the cd reads that it can be distributed for free :)

>  This
> might be particularly problematic given the fact that, for example, the
> archive.org site contains a number of recordings by black blues artists.
> Would the proceeds from a sampling of these 'open-source' recordings go
> to the descendents of these artists? Or would they go only into the
> coffers of the already-profitable? Whose creativity? Whose commons?

You're talking in terms of common copyright laws which require you to
pay royalties.  Open licenses are about freedom.  If you _have_ to pay
for use of something than that's not freedom.  However, you are free to
send money directly to the artists you want to support.  I'm sure
they'll take it.  What is important is that any works derived from those
that are open will have to carry 1.  the same license (I'm talking here
in terms of GPL); 2. identify the original author.

Now, if you put up your work on archive.org for free doesn't mean that
you cannot sell, at the same time CD with those same works or sell them
on your site.  You can sell it but you also have to make it available
for free.

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