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Heya, so I sometimes use sounds from FreeMusicArchive, and sometimes the music there uses a Non-Commercial No-Derivatives licence.
I'm clear that I couldn't, for example, remix that track into my own music, or make a music video where the images synch-up with the sound.
What I'm less clear on is: Would a ten-second excerpt played at the start of a podcast count as 'Derivative'? Does abridging something change it in the legal sense?
I've looked for use cases in discussions of CC licences but not had much luck. Does anybody who understands them better than I do want to weigh in?
Thank you in advance!
No legal expert here. Here's just another user interpretation of it.
I think making a music video would be fine no?
As long as the audio is true to the source.
A remix ofc by either taking stems, or adding drums, or transforming the song by looping parts or editing the EQ of it all would probably be a derivative yeah. But overlaying videos ontop of it I recon is fair game.
(EDIT I'm wrong on that!)
As for your question. It's a good one!
I shall first reply with my uneducated thoughts pondering upon it, then do research.
I would think in the context of a podcast, it's fair game to show a part of the work as a jingle (fade in/out)
The work you'd be sharing isn't an edit of the sound but a whole podcast.
What I think would be problematic would be sharing that slice of song as a jingle on it's own. As that thing would be an edit of the first one. Even if just a snippet.
Even then I think some people could argue that sharing a slice with no further edits isn't a real "rework"/remix/buildupon the material/transform. Just a brief showcase of the original material lol. Personally I think it would be against the none derivative part.
-"Generally, a modification rises to the level of an adaptation under copyright law when the modified work is based on the prior work but manifests sufficient new creativity to be copyrightable"
-"Under CC licenses, synching music in timed relation with a moving image is always considered an adaptation"
I was wrong about being able to make a music video.
I think this alone means a podcast, would be sufficient new creativity to be copyrightable. Therefore anything that contributes to that would be a derivative of it. So to my understanding even if you played the full song it would technically not be okay.
As this site put's it https://whc.unesco.org/en/licenses/10/#:~:text=NonCommercial%20%E2%80%94%20You%20may%20not%20use,not%20distribute%20the%20modified%20material.
"Essentially the work cannot be modified.". A fade or cut would technically be a modification.
Also looking here : https://creativecommons.org/licenses/by-nc-nd/4.0/deed.en
-"If you remix, transform, or BUILD UPON THE MATERIAL, you may not distribute the modified material."
I think this is where movies, podcasts, dj mixes, etc... Would be considered to build upon the material. Not only in terms of layering like for a movie or a production remix/remastering. But also in terms of longitude where a podcast would be built around a song/jingle.
Simply using it in a project would be building upon it, and thereby a derivative. Even if the core of the material is left untouched.
The way I now understand derivative licence. It's free to share the thing itself to be enjoyed by itself. You could host the song on your website with credit, or share it to your friends. Maybe play it at a none commercial event?
But not use it in any of your own works.
Back to my none accurate interpretation.
I'm sure most people simply don't want to have "remixes" in terms of having a dubstep remix. Or a re-drum edit. Or in the case of a sound like on freesound.org, have an edited version with overlaid other samples and stuff.
I think most people would be fine having it trimmed but unchanged in it's tone/material, for a game or podcast etc... OFC better not assume this in practice.
Id recommend if you can, to contact the person and ask permission.
If not, id avoid using NoDerivatives works in whatever project you have. And just use it for private listening/use.
Am no legal expert, am barely anything.
Short answer : Can't use it!
Any project using none derivative licenced material would be a derivative.
By either layering or expanding, or building around it.
Yes a trim is considered an edit.
It's meant as a free distribution/sharing; to be enjoyed by itself.
(I'm not an expert and could be wrong.)