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    Creative Commons 'synching' question


    Hi
    I've made an animated short and there's a high likelyhood it's going to be broadcast on television.
    I have made use of (and will acredit correctly) a great many samples from FREESOUND.

    I am confused however since the Creative Commons license says its okay to:
    " To sample, mash-up, or otherwise creatively transform this work for commercial or noncommercial purposes. "

    However, when you read the full legal text it states:

    "In the case of a musical Work and/or audio recording, the mere synchronization ("synching"wink of the Work with a moving image shall not be considered a transformation of the Work into something substantially different. "

    Because that sounds to me like I cant use any sounds off your site and synch them with the action in my film.
    Does this mean I cant use ambient bar sounds for a bar scene, or gunshot sounds for a gun firing? Because Ive done that...
    Or does it mean if I take a musical recording off your site, I cant use it as a soundtrack piece?
    (SecundoTempore2.wav for instance) Because Ive done that too...

    or does it mean something else?

    Ive no problem accrediting everything Ive done... Im just not clear that I might have broken any rules.

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    Dave

    CC sampling licences come in two flavours: Sampling Plus and Noncommercial Sampling Plus (see http://creativecommons.org/license/sampling)

    Sampling Plus: People can take and transform pieces of your work for any purpose other than advertising, which is prohibited. Noncommercial copying and distribution (like file-sharing) of the entire work are also allowed. Hence, "plus". (http://creativecommons.org/licenses/sampling+/1.0/)

    Noncommercial Sampling Plus: People can take and transform pieces of your work for noncommercial purposes only. Noncommercial copying and distribution (like file-sharing) of the entire work are also allowed. (http://creativecommons.org/licenses/nc-sampling+/1.0/)

    Freesound, to my knowledge, uses the Sampling Plus license.

    I think what confuses you is the discussion of derivative work (= transformation). The legal text says:

    Your Derivative Work(s) must only make a partial use of the original Work, or if You choose to use the original Work as a whole, You must either use the Work as an insubstantial portion of Your Derivative Work(s) or transform it into something substantially different from the original Work. In the case of a musical Work and/or audio recording, the mere synchronization ("synching"wink of the Work with a moving image shall not be considered a transformation of the Work into something substantially different.

    You are allowed to make Deriv.Works (= your animated short) if you either (a) make partial use of the original sample, or (b) the original sample used in full is an insubstantial portion of your animated short. If your animated short however would take one sample and add some pictures to it, this would not count as Deriv.Work.

    I am not a lawyer, but I'd say that your proposed use is in line with the license.

    The only thing you're not allowed to is to use the samples for advertising (except, of course, advertising your own animated short).

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    The human-readable license says that, but if you click the Dislaimer link on the page, you'll see:

    The Commons Deed is not a license. It is simply a handy reference for understanding the Legal Code (the full license) — it is a human-readable expression of some of its key terms. Think of it as the user-friendly interface to the Legal Code beneath. This Deed itself has no legal value, and its contents do not appear in the actual license.

    So it only sketches out the rights, but the real license is what counts.

    I agree with ptroxler. I think it should be read as you take just one sample (like the bar sound) and just add an image of a bar or other footage, that's not allowed. But if you have a bar animation with the bar sound and a dialogue from another sample or self-recorded and a gunshot and some more sounds, those sounds are then not merely synched to the video. Even though you did not edit the bar sound, you still mixed it with other sounds, basically 'mashed up'; I would say that counts as 'insubstantial portion' of the animation.

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    So if I have a bar scene where the only audio is the FREESOUNDS track, I cant use it?
    Or FREESOUNDs over the end credits?

    Suddenly the site appears quite restrictive for filmmakers!

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    ...the mere synchronization ("synching"wink of the Work with a moving image...

    1 freesound file (the Work) + 1 movie (moving image) = does not fall under the terms of the license => the idea is, methinks, that this is not creative enough, and the CC licenses are there to stimulate creativity, after all

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    Seems to me that taking 2 or 3 different bar audios and mixing them together solves this problem then!
    Just seems a pointlessly long winded way around.

    Or... just use the one audio clip.. but not in its entirity. So using 25secs of a 30 sec clip with no audio manipulation would also seem to get around this problem since I'm only making 'partial use' of the work.

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    ...you can still ask the creators of the sound clips if they agree with their use, might be even easier and more sociable wink

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    Yes, thats fair - I'll do that! I didnt mean to come across as unreasonable !

    It just seems a grey area - I wonder what other filmmakers do in this situation?

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    easy, I get you ... but (to me) all legal stuff gets grey the closer you look at it -- eventually it has to put bread and butter on lawyers' tables, I think

    what other filmmakers do? I guess many just don't care, and many (hopefully more) use exactly these platforms because (a) it is easy to find stuff, (b) (relatively) hassle-free to use it and (c) if needed creators can be contacted easily and are normally easy about you using their stuff -- if not excited!

    / pt

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    I only read of a major dvd release using a sound once, check it out [here]. So they contacted the creator and made a deal.

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    Dave. You shouldn't have any problem with what youre trying to do. Simply contact the owner and ask them. Overall it sounds like youre in complete compliance with laws here. I think the assumption you can make here is that most people want you to use their sounds.

    obviously greed will hit most everyone. If you end up making a lot of momey off of using someone else's work...and that person finds out..well don't be surprised at human nature...greed.

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    <<obviously greed will hit most everyone. If you end up making a lot of momey off of using someone else's work...and that person finds out..well don't be surprised at human nature...greed.>>

    That's always a concern, which was I did quite like the whole CC licensing thing. If youve licensed it for commercial or non-commercial use then that should eliminate any unpleasantness down the line!
    I dont expect to make any significant money from my animation, but you never know :wink:

    Now there's just the problem of contacting dozens of sound owners... !

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    dozenS?

    then they (the sounds) could not be else than "insubstantial" to your work, could they? but I'm sure they (the people) would love to hear that you've used their clips

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