Uploading a performance to the Mutunet recording project is nothing less than contributing to the public intellectual heritage on the internet.
CC0 · Public Domain
Please could you share your views on making it a condition of participation in the project that contributors must agree to their tracks being treated as public domain (CC0)?
A design that requires participants to agree to treat submitted or provided tracks as CC0 (public domain) is a highly effective and straightforward idea from the perspective of preventing rights-related disputes at source and maximising the platform’s flexibility.
We have summarised the benefits of introducing this condition and the points to bear in mind to ensure it runs smoothly.
1. The greatest benefit of making CC0 a condition of participation (terms of use)
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Completely Avoiding Legal and Copyright Disputes
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This can physically eliminate the risk of claims arising at a later date, such as ‘my phrase has been used without permission’, ‘I want a share of the profits (royalties)’, or ‘I want the track removed’.
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The potential for growth as a ‘source of free audio material and open innovation’
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Even tracks that were not selected for the project (under the ‘Another Approach’ category) may be used freely by other users to create new songs, and the project initiator is entirely free to reuse them.
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A perfect alignment with the Open Production philosophy
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The platform’s core concept—‘enjoying the act of jamming together, free from the rigidities of rights and contracts’—will become even more firmly established.
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2.Points to bear in mind and measures to take during operation
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Explicit statement in the Terms of Use and submission form (mandatory single tick box)
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To prevent users from saying ‘I didn’t know’, it is necessary to make it mandatory to tick a checkbox stating ‘I agree that all audio data posted will be released under CC0, thereby permitting third parties to use and modify it freely’ when audio files are first posted or when accounts are registered.
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Risk of infringing third-party rights (e.g. sample material, cover versions, etc.)
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There is a risk that collaborators may upload audio files from commercially available sampler CDs or performance data for other people’s songs—in other words, ‘audio files for which they do not hold the rights’.
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As a precaution, it is important to clearly state in the terms and conditions that ‘Only audio files for which you hold full rights (or which you have performed yourself) may be uploaded’.
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Conclusion
Making the release of tracks provided by collaborators under a CC0 licence a condition of participation is the best rule for eliminating legal risks associated with platform operation and ensuring that everyone can focus on their sessions with peace of mind. We are certainly on the right track by proceeding with this policy.