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    License changed after/during use


    I've been on this site for a few years... I've downloaded sounds and used them in quite a few tracks. I recently finished these tracks and released them (properly attributing everyone). I come back to the site so I can thank the people and let them know what I used their sounds for and I find that a few of the samples are now under "non-commercial". What am I supposed to do now? The samples weren't under that license when I downloaded them.

    Whhhyyyy Freesound? Whhhhyyyyy?

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    13 sounds
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    I asked a similar question a year or two back (not that I've used any sounds from here yet),and the answer seemed to be that you can use the license that was in force at the time you downloaded them. There is a log of the dates of your downloads, so I presume freesound also keeps a log of license changes so they can resolve any disputes. This is only my presumption, and it would be nice if Admin could confirm this.

    It must get more complicated still when sounds are reposted on places like youtube (SFXfactory etc.) and their license terms are not updated. qubodup started this thread - http://www.freesound.org/forum/legal-help-and-attribution-questions/33700/ which may be pertinent.

    Wibby

    Edit: I just noticed well_crap that you've only been a member for two hours and haven't downloaded any sounds yet. So what other username(s) have you been working under?

    Heaven in the sky is to die for, Heaven on earth is to live for.
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    167 sounds
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    Hello there, i'm not admin but I know a fair bit about the site and CC.

    Forgive me if you already know some of this:

    If you go to the link "Attribution" on your home tab, you will be able to see all the sounds that you have downloaded, when they were obtained, and their Creative Commons license at the time of download. You may think of it as kind of a receipt list.

    As far as i'm aware, the license type for each of the downloads on the list is permanent, so if a user decides to change it to CC non commercial, you have evidence that the sound you downloaded and used commercially was abiding by the terms of the CC license that was given at the time you obtained the file.

    So all you need to do is Attribute, it's the user's loss that they didn't upload the sound as non-commercial in the first place. You are within the law by using the sound(s) commercially, as long as you have record of the file's previous license. Maybe it will be wise to let them know the situation in case they come knocking at your door in the future demanding a payment (metaphorically speaking). From what I understand you have said, there's nothing to worry about, as long as you cover your back.

    Hope this helps.


    I am the thing that goes bump in the night...


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    Thank you two so much for your answers! They were very helpful. I didn't even know that list existed. I would just go through my folders and read the .txt files included or look up the file on this site. Does the list really keep the original license at the time of download? Looking through some of my older downloads, I see some Sampling Plus which makes sense... But other downloads have licenses that I'm not sure were available at the time.

    After I read what you two wrote I started to doubt whether or not the license has been the same the whole time. I decided it would be best to write to the Freesound user and explain the situation. They were very kind in their response and basically told me not to worry about it.

    I check every sample before and after downloading as well as before publishing (of course!). If this one was indeed "non-commercial" the whole time then it completely slipped past my radar!

    And yes, I do have a different account. I made this one to keep anonymity. If this name could be changed to "Whew!" that'd be great. Haha.

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    The "What if I change my mind" CC FAQ entry is very relevant: http://wiki.creativecommons.org/Frequently_Asked_Questions#What_if_I_change_my_mind.3F

    I do not know how it is possible to confirm that a sound was available under a license in the past though.

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    Pleased to help "Whew", and glad that Head-Phaze could give such a definitive answer. It cleared up my queries as well.

    Wibby.

    Heaven in the sky is to die for, Heaven on earth is to live for.
  • avatar
    167 sounds
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    qubodup wrote:
    The "What if I change my mind" CC FAQ entry is very relevant: http://wiki.creativecommons.org/Frequently_Asked_Questions#What_if_I_change_my_mind.3F

    I do not know how it is possible to confirm that a sound was available under a license in the past though.

    Is it possible somehow to access another person's attribution list directly maybe admin can do this?

    Otherwise, I would go with a screen-shot if it was me.


    I am the thing that goes bump in the night...


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