Possible infringement of Creative Commons license?

[Ivan Chew]

Hi all,
Would like to seek your opinion. I discovered this website
http://beemp3.com offering my CC-licensed music for downloads. It's
allowed under my CC license, but problem is that they've only
indicated my name and not a link back to my website.

http://beemp3.com/index.php?q=Ivan+Chew&st=artist

It seems Beemp3.com trawls www.archive.org and odeo.com (two sites
where I make my music available) and puts the audio file on their
server for download. Their item display page shows a link back to
www.archive.org or odeo.com but not my site. In my item description,
I've stated cleared how the music should be attributed, which they've
clearly not done so.

For instance, compare this page:
http://beemp3.com/download.php?file=38648&song=Walking+On+Air

With this:
http://www.archive.org/details/walking_on_air_MV

I intend to write to the beemp3.com site owner. Basically politely
tell them it's cool my music is being offered but they have to link
back to the website I specified. In the meantime, would appreciate any
comments or suggestion in any area. E.g. any other information I
should tell them

BTW, if they are re-distributing a CC-licensed work, do they need to
indicate that it's CC-licensed?

thanks
ivan

[Preetam]

Actually the license does not enforce the format in which the
attribution must be shown. Technically if they just show your name,
it is all right. I think your best best is to email them and ask them
to link back to your site. Most of these guys who just spider stuff
are too lazy to bother with proper attribution.

We had a similar case at GlobalVocies couple of years back where
someone just lifted the entire article and posted on a site. The guy
just added a line of text below "via globalvoices". The way we argued
is that he was not adding any value to the content, just replicating
it. I think we got his ISP to remove the stuff.

If your email to him fails, I think you can go to his ISP. Though he
can argue that he is adding value by making the music mobile enabled.

On Jun 8, 6:58 pm, Ivan Chew <ramblinglibrar...@gmail.com> wrote:
> Hi all,

> Would like to seek your opinion. I discovered this websitehttp://beemp3.comoffering my CC-licensed music for downloads. It's

> allowed under my CC license, but problem is that they've only
> indicated my name and not a link back to my website.
>
> http://beemp3.com/index.php?q=Ivan+Chew&st=artist
>

> It seems Beemp3.com trawlswww.archive.organd odeo.com (two sites

> where I make my music available) and puts the audio file on their

> server for download. Their item display page shows a link back towww.archive.orgor odeo.com but not my site. In my item description,

[Ivan Chew]

Hi Preetam,
You're right in that they were lazy. They did link and credit to the
main source of their MP3. But it's not the right way in which I've
specified how I want my work to be credited.

>>>
Technically if they just show your name, it is all right.
>>>

I think this is where there may be ambiguity.

At the generic BY license page, the text says: "Attribution — You must
attribute the work in the manner specified by the author or licensor
(but not in any way that suggests that they endorse you or your use of
the work)."
http://creativecommons.org/licenses/by/3.0

But over at the same BY page (SG license), it only says "Attribution.
You must give the original author credit."
http://creativecommons.org/licenses/by/3.0/sg/

The generic license is more specific than the SG one, it seems.
Something I'll check with CC-HQ soon.

Anyway, I think the CC BY license does say the manner of attribution
should be in the way the author wants it to be.
http://creativecommons.org/about/licenses/
"You let others copy, distribute, display, and perform your
copyrighted work — and derivative works based upon it — but only if
they give credit the way you request."

>>>>
> If your email to him fails, I think you can go to his ISP. Though he
> can argue that he is adding value by making the music mobile enabled.
>>>>

Thanks for the tip. I'd not considered that. I've written to the site
owner and will email another time.
Last resort is to write to their ISP.

Thanks
ivan

[Ivan Chew]

Hi everyone,
Just to close off this case. The site owner replied that they have
removed all listings of my songs. No other explanations given. I guess
they decided it was less of a hassle to not display it rather than
change their display format. Or maybe they don't get CC. :)

Cheers
Ivan

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