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Topic: Albums under Creative Commons Non-Commercial Share Alike (Read 9211 times) previous topic - next topic
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Albums under Creative Commons Non-Commercial Share Alike

Recently, I found out that Nine Inch Nails, The Slip was released under this license.
Can I sell the product and retain the Accurate Rip, plus the DVD contents?
Just asking to make sure...
Thank you.

Re: Albums under Creative Commons Non-Commercial Share Alike

Reply #1 –
Your issue is: you own a copy and you want to sell it while keeping a copy? Or you want to make copies and sell?
Interpretation of the "NonCommercial" part: https://wiki.creativecommons.org/wiki/NonCommercial_interpretation

By the way, I actually do not know whether your copy was released as BY-NC-SA. Nothing prevents Nine Inch Nails from releasing the download under one clause and the physical under another. Here is a mirror of the download sites: http://portraitofdecay.net/dl.nin.com/theslip/signup .
http://portraitofdecay.net/theslip.nin.com/physical/
I find no CC on the latter. In particular, the former download site - where the CC license is stated - does not include the video part that was released on the DVD.

Re: Albums under Creative Commons Non-Commercial Share Alike

Reply #2 –
Quote
Or you want to make copies and sell?

Absolutely not!
It just happens that I have put for sale, because I need cash right now.
It's an album I wouldn't like to sell, but it has now considerably value.

The physical package states that the album is licensed under CC Non-Commercial Share Alike in the booklet.
As far as the DVD goes, I believe it's all included as part of this. I checked the DVD and there are no copyright warnings.
But the DVD nevertheless has an encryption.

Re: Albums under Creative Commons Non-Commercial Share Alike

Reply #3 –
IANAL, but:
In this case, you are permitted you to redistribute a copy (even modified) noncommercially, as long as your redistribution has an "alike" license (read the CC webpages for that - it is irrelevant for your question though).

So Trent Reznor & co have permitted you to redistribute a ripped copy to me (noncommercially, under an alike license). And if you sell the physical copy to me, and I rip it, I am allowed to redistribute it to you. Redistributing to yourself should not be an issue.

But, whether you are allowed to break the encryption could be a separate legal issue. Even if the purpose is something Trent Reznor has permitted you to, the lawmakers may in their infinite wisdom (possibly negative infinity) bar you from doing what it takes to make that copy which you are allowed to redistribute. That actually goes for ripping the CD as well.

Also, in many jurisdictions, you can keep your copy anyway, even if you sell the original. I can sell my CD collection and would not be obliged to delete anything from my hard drive; I can also copy my hard drive afterwards.

Re: Albums under Creative Commons Non-Commercial Share Alike

Reply #4 –
Thanks for the insight!