The Overnightscape Underground

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Tuesday, July 13, 2010

Morning Commute (with Bob) #44 – Copyplight (7/13/10)

39:08 – Join Bob LeMent (from Static Radio) rambling on his morning commute into St. Louis, Missouri…  “Copyplight” – Creative Commons, Copyright and Monsters in a dense fog bank on this Morning Commute.

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States License.
Attribution: by Bob LeMent – more info at and

Released July 2010 on The Overnightscape Underground (, an Internet talk radio channel focusing on a freeform monologue style, with diverse and fascinating hosts

posted by Frank at 5:07 pm filed in Bob,Jul10  


  1. Just wanted to mention that the main CC license we use on the channel (Attribution-NonCommercial-NoDerivs) is a license in which you do retain the copyright to your work – you are just allowing certain uses of it. Under this license, no one can make derivative works or use it for commercial purposes without additional permission. So, for example, if someone took the sound of you clearing your throat and made a song out of it, it would be in violation of this license.

    The main purpose of this license is to allow people to freely download and also re-distribute these shows – under the condition that they provide attribution, do not create derivative works, and do not use it for commercial purposes.

    I think the license you were thinking of is the “Attribution” license in which people can do anything with your work as long as they provide attribution. Anyone is welcome to use such a license – but I feel for these kind of shows, it might be better to use the main one.

    Comment by Frank — July 13, 2010 @ 5:35 pm

  2. Thanks for the clarification, I am cool with all of it. I hope my rant isn’t misconstrued.

    My point is you have to buy into a system of some sort for all these things, and if you really think about it there is no actual protection just legal which is a whole other system to buy into.

    Anyhow thanks again for the clarification, I am happy to be part of

    Comment by Bob LeMent — July 13, 2010 @ 6:44 pm

  3. I actually went a long time with The Overnightscape just putting the shows out there with a generic copyright line. But I eventually realized that CC is a better way to go, since it’s already implied that you are letting people download your show for free, that you’re giving them permission to do so. CC just codifies that into a theoretically legal license.

    Another benefit is that via the license people can be confident that reproduction (sharing with friends) and re-distribution (such as posting onto an archive) is specifically allowed. I like that because it means my shows will be more likely to flow and reach out to more people in the future.

    Really more than anything it’s me saying, as the creator of the show, you are welcome to download and share this show as much as you like – I will not sue you or hassle you – on the contrary, I am happy you are spreading it around. That’s the main thing for me… I don’t see much danger of people abusing the material for their own gain, at this level of fringe status and obscurity.

    Comment by Frank — July 13, 2010 @ 7:00 pm

  4. Also, the reason for the “no derivatives” clause, for me, is the weirdness surrounding fair use. You can definitely quote and even include copyrighted material in your show under certain contexts (such as playing a bit of a song in the context of a discussion about it) – but if someone were to isolate just that piece of your show – with the copyrighted song, and sample it – that would be a copyright violation since it is no longer fair use in the new context.

    I think the whole copyright thing we have today is awful and I wish we could move past it as a society. But on the bright side, it does allow for creators to give away most or all of the rights to the works they create if they so wish.

    Comment by Frank — July 13, 2010 @ 7:05 pm

  5. Wow! Look what I started! I am starting to get a clarified picture of the “Creative Commons” thing now. I can agree with allowing people to download your “show” (obviously since we are talking about podcasts here) and even re-distributing it, etc. I would be cool with that, and is that not the point of podcasting? You do want to reach as many people as possible! My only concern was that I personally am including the use of my original songs in my podcast and that’s where I get my ego about not wanting people “stealing!” But I think Frank just really explained that with the “no derivatives” clause.

    Now, as a musician, I also want to get my music out there for the world to hear! Just that I come from that old school mindset that if you have not properly copyrighted your stuff the U.S. Copyright Office and one day you find someone using your song and profiting financially from it….yes, that would suck! So I think it still pretty wise to cover your ground there. I’ve told Bob about a really nice website that allows you to copyright for free by uploading the digital files (and also you can link to your podcast feed there to copyright that as well)! It’s at The only limitations with it are in what you can collect in damages in court if you ever really have a case like that happen! But it does hold up as a legit “free” copyright!

    On that note…I almost forgot about a really good online article that explains all this quite well (mainly pertaining to music) at:
    It actually discusses creative commons as well…

    Again, thanks Bob once again for your shout out to The Gunkcast (and my band) in this episode! Also Frank…thanks for adding the clarification here as well!

    Comment by Smidge — July 14, 2010 @ 7:35 am

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