I chose to add my Make + Share ‘Truman’s Melting Icebox’ to the Creative Commons, since it’s one of the few things I’ve actually ‘created’ for this class and it’s mildly interesting enough that others might want to use it. I took another look at it regarding the Four Factors for fair use and I think I should be alright since it’s quite transformative, I’m not using it commercially, I did legally acquire both the Bronze Radio Return Song “Melting in my Icebox” and “Truman Sleeps” by Phillip Glass, I am crediting both artists, both songs are published works (though highly creative), and even though I am using the entire songs for both (music for the Glass piece and lyrics for BRR), and am making it available on the web, I don’t think it should ahave any commercial effect on either song because of the transformative nature of my version. Here’s to hoping!
So, what did I choose in terms of my license? I I ended up selecting the ‘Attribution Non-Commercial 4.0 International License” (CC-BY-NC), which means that “others [can] remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms” (Creative Commons). I chose this because I wanted to allow adaptations of my work to be shared (collaborate, remix, continue to make something new out of the old), but I didn’t want anything to be done with it commercially because of my having used commercial products to begin with. If anything was to be done commercially with mine, I feel like Bronze Radio Return and Phillip Glass could end up having some kind of say. This concern for the commercial aspect is why I didn’t choose the CC-BY, the CC-BY-ND, or the CC-BY-SA license. This left me three options: the CC-BY-NC-SA, the CC-BY-NC-ND, or the option I ended up choosing. I didn’t choose the ShareAlike option (CC-BY-NC-SA) because I don’t care if people who remix or use my work license it under the same terms that I chose (if they’re remixing it yet again, I would hope that it would be transformative enough to fall under fair use) since it’s still non-commercial, and I didn’t choose the No Derivatives option (CC-BY-NC-ND) because what fun is that?! I want others to be able to play with it and change it up as they wish. Thus why I ended up choosing CC-BY-NC. It’s free enough to promote collaborative remixing, but restrictive enough that I hopefully won’t have to worry about any commercial use.
Two possible usage scenarios can arise here: situation 1 involves someone using my piece correctly, in agreeance with the licensing I chose. Here someone could have searched the Creative Commons for maybe Bronze Radio Return or Truman, downloaded my track, and added a third layer – maybe a percussive beat – to my work and re-uploaded it as this new piece. So long as they acknowledge my work in their new piece and so long as it’s used non-commercially, this should be an appropriate usage. On the other hand, say someone took my piece and maybe cut it up into multiple pieces, but turned around and used one of those pieces in an advertisement for a cooler. Even though they may have tweaked my original piece, which falls under my licensing, they turned around and used it commercially, which I make clear in my licensing choice is not okay. Were this infringment of my copright the case, the license for using my work would terminate and the user would not longer have access to my work. If the user fixed their violation within 30 days, they would get the rights back. If the user did not comply, however, I could send a DCMA takedown notice, send the user a cease and desist letter, ask for a licensing fee since the user has already used the work commercially, and, in the extreme, hire myself a copyright lawyer and sue for copyright infringement. We’ll hope this never has to be the case, but it’s good to be aware of your options as a Creative Commons copyright holder.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.