Freesound Forums

OK, let's talk about the Sampling+ license...

http://creativecommons.org/licenses/sampling+/1.0/legalcode

the Derivative Work(s) constitute a good-faith partial or recombined usage employing "sampling," "collage," "mash-up," or other comparable artistic technique, whether now known or hereafter devised, that is highly transformative of the original, as appropriate to the medium, genre, and market niche;

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.

My interpretation:

"Lawyer speak" for doing something to change a sample. Using a sample in a song is -afaic- also derivative and "insubstantial".

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") of the Work with a moving image shall not be considered a transformation of the Work into something substantially different.

My interpretation:

If you want to sell something made from sampling+ samples, the sample must only be an "insubstantial" portion of the work. I.e. you can't sell the samples without modifying them, for example. See below (in bold) if you are the creator of the original sample.

The second part is more for songs: it doesn't really apply to samples.

Prohibition on advertising. All advertising and promotional uses are excluded from the above rights, except for advertisement and promotion of the Derivative Work(s) that You are creating from the Work and Yourself as the author thereof.

You can't use a sample on it's own for advertising. You need to transform it, or use it as a part of another composition. Practical example: you can't use RHumphries' thunder sound on it's own for advertising anything excetp... RHumphries' thunder sound

Obviously none of this stops you from doing whatever you want with YOUR SAMPLES. Releasing samples under Sampling+ does not change YOUR ownership of the samples. If you are the original author of the sample you can sell it, do whatever you want, but you can't stop other people doing with the samples what Sampling+ permits them (using, changing, selling changed versions, making songs, etc etc).

- bram