Re:Echoprint: Open-source music fingerprinting
by roel_v on Thursday June 23, 2011 @10:19AM
(#2687940)
Maybe they are, to the best of my knowledge there's no definite answer that they aren't. I find it unintuitive but I do think that rationally there's a case to be made that they are, in fact, 'derived works'.
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Re:Echoprint: Open-source music fingerprinting
by _delirium on Thursday June 23, 2011 @10:36AM
(#2687994)
Even if so, there's a decent fair-use argument. The cases are mixed, but there have been some lawsuits over book summaries that came out in favor of the defendant, even though in a sense a summary of a book "derives" from the book. No idea what a court would hold, but fingerprints seem like they'd be on even stronger footing, since to the extent they're a summary, it isn't even much of a human-interpretable one, intended instead for indexing purposes, so it replaces the original work even less than a book summary does.
Objectively, they're meta-data, on the order of box scores from a baseball game or the cast credits from a movie. So there's no particularly solid argument for them to infringe on the copyright of the original work.
Re:Echoprint: Open-source music fingerprinting
by roel_v on Friday June 24, 2011 @06:00AM
(#2691638)
No:
- game: a baseball game is not a "work" under the Berne convention
- cast credits: they are descriptive, but not derived from the movie.
One of the criteria to assess "fair use" is "was anything creative added in the process of making the derivative", which is per definition not true in the checksum or fingerprint case. I don't find your argument compelling - it's not a closed and shut case.