Templates, tech specs and so on

FAQ, comments and suggestions
kattekliek
Posts: 74
Joined: Fri 27. May 2011, 09:15
Location: The Netherlands

Re: Templates, tech specs and so on

Post by kattekliek » Sun 5. Jun 2011, 19:08

I made a poll on some issues on setup.

Lucy_k_p
Posts: 5
Joined: Fri 3. Jun 2011, 23:20
Location: UK
Contact:

Re: Templates, tech specs and so on

Post by Lucy_k_p » Sun 5. Jun 2011, 20:00

Personally I much prefer PD. I like the 'open' mentality.

Also I'm not sure how much legal force CC has. My partner does open source stuff and I know there are some issues with the actual legal position of it, but he's not here for me to ask at the moment.

Have any CC licences been successfully enforced in court? I know in many countires a copyright is granted autmatically and cannot be waived, so by saying something is PD we are simply saying we personally will never chase after the copyright, but I think the situation would be exactly the same if you labelled something as CC.

Also I believe there can be issues if you do not 'police' your legal rights (This is why so many large companies send out huge numbers of cease and desist letters over very trivial issues.) So if we said something was CC-any use or CC-not for profit but only went after people trying to sell them comercially in a big way (not e-bay sellers) they might be successfully able to argue that they should also be allowed to do what they like. I have no idea how accurate this piece of information is.

And if, after e-mailing the seller, they refused to take the recording down, what further steps would we/the reader take? Because at that point a lawyer would have to be involved and part of the problem is we don't have the money for that.

As to saying a recording is not PD in America, it should definately be part of the catalogue template. It shouldn't really be necessary to say it in the reocrding as well, but on the other hand some Americans do tend to assume that they are the whole world, so it's better to be on the safe side. (I'm just not in favour of pandering to other people's inability to read a simple piece of information.) If we do have to Say 'Please note this recording is not in the Public Domain in America' or 'This recording is in the Public Domain in coutries with a copyright term that lasts 70 years after the death of the author. The author of this piece died in XXXX' then something so long and distracting from the reading should definately be at the end of the recording.

Overall I think we definately need legal advice from someone who actaully knows what they are talking about, since I'm pulling some of this stuff out of my arse. (Now if you wanted accounting advice I'd be able to help you...) Possibly we could contact Project Gutenberg's lawyers, but we really need someone who knows about the situation in the EU and especially France.
So little space, so much to say.

Hokuspokus
Posts: 762
Joined: Mon 11. Aug 2008, 11:40
Location: Germany

Re: Templates, tech specs and so on

Post by Hokuspokus » Sun 5. Jun 2011, 20:38

Viktor, great that you contacted the people from ge.tt!
I do hope, they will answer.

Personally I'd like to not allow commercial use. But it would be me, who had to check the internet, if someone does, it had to be me who has to write letters and pay lawyers, ...
No, thank you very much.

CC has a variety of different licenses. You can describe quite in detail, what is allowed and what not. But again, every single holder of rights, that is every single reader, would be responsible for checking and enforcing the license. CC0 is as close as can be to pd. Actually it is the same in every day use. Biggest difference: Austrian and German readers can use it, but they can't use pd.
It would be a very good thing to check whether other EU countries allow to make something pd or not.

I'd prefer to have the same license with all our recordings. But on Wikimedia for example, they use different licenses, too, and it works. I can absolutely understand that a soloist doesn't want to have the recordings used commercially by someone else, so I could live with different licenses for solos. But it should be very very clear that the soloist alone is responsible for choosing and enforcing the license.

RuthieG
Posts: 82
Joined: Fri 3. Jun 2011, 11:07

Re: Templates, tech specs and so on

Post by RuthieG » Mon 6. Jun 2011, 22:05

We will also need to insert the track number in the metadata ourselves - this is done automatically at LV.

Ruth

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