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djpretzel

OverClocked ReMix Enacts Content Policy

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OverClocked ReMix Enacts Content Policy

Contact: David W. Lloyd, dlloyd@ocremix.org

For Immediate Release

June 12, 2007

FAIRFAX, Va.–-OverClocked ReMix (http://www.ocremix.org) today enacted a content policy, formalizing a licensing agreement between submitting artists and the site and also explaining terms of use for those utilizing ReMixes elsewhere. This policy was the result of over three weeks of continuous discussion between site staff and members of the community, during which two iterative drafts were produced via a substantial review process.

This policy is publicly available at http://www.ocremix.org/info/Content_Policy. All future submissions will fall under the effect of this policy. Existing artists will be contacted shortly regarding previously submitted ReMixes.

Though some expressed concern specifically regarding the policy's handling of ReMix removals, numerous compromises were reached that limit the site's ability to remove mixes at will or restrict in any way an artist's ownership and right to distribute their music separately from OverClocked ReMix. Site staff involved believe that the policy will aid in pursuing new distribution channels and promoting the site and the many distinct artists that contribute to it and constitute its heart and soul.

Clarity in what can and cannot be done with mixes extends not only to the relationship between the site and its contributors, but also to those looking to publicly perform, redistribute, or incorporate into other works music made available through OverClocked ReMix. Historically, many questions surrounding terms of use have arisen, and this policy marks the first time anything has been spelled out that directly addresses such questions.

While site staff involved acknowledge that enacting a formal content policy runs the risk of taking the "fun" out of this non-profit, fan-fueled community, they nevertheless feel that the ambiguity and uncertainty involved in not having a policy could be equally as detrimental, and that clearly stating a submission agreement and terms of use will help move the site forward.

Previous community discussion regarding the policy can currently be found at http://www.ocremix.org/forums/showthread.php?t=9628 and http://www.ocremix.org/forums/showthread.php?t=9730.

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You have my official thumbs-up for this policy.

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Have you run this by a lawyer? If not, I suggest you do.

I am not a lawyer, but number 4 is a legal landmine as it could be considered unconscionable under contract law (see Bragg v. Linden Labs).

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wow, I remember really disliking the first draft.

Currently, this is a very very lovable little document.

It has my full un-wavering support. Long live pretznuts.

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Although it is true this site's been around for quite a while and didn't have huge issues with the legalities of such, I think it's about time something like this was even posted. A lot of content-holding sites on the internet these days have such policy that often people don't bother to read, only to find that they've practically "handed over" ownership of their creation to them.

So yeah, the policy gets a nod from me. :)

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I'm giving this my support. This will help to avoid a lot of confusion. I can think of a few times in which people I know use things from outside sources and don't give credit for them at all, and the reason is that those sources don't have policies like this. This is definitely a good move on the site's part.

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I am not a lawyer, but number 4 is a legal landmine as it could be considered unconscionable under contract law (see Bragg v. Linden Labs).
Prior remixes are only grandfathered in if you agree to the content policy. In other words, your prior remixes are only covered by the content policy if you submit another remix and, in doing so, agree to the policy.

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Prior remixes are only grandfathered in if you agree to the content policy. In other words, your prior remixes are only covered by the content policy if you submit another remix and, in doing so, agree to the policy.

Correct. Also, we've had a couple lawyers and those with music law experience in particular look it over, but if you've got specific concerns even in light of the above clarification, we definitely wanna know.

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Prior remixes are only grandfathered in if you agree to the content policy. In other words, your prior remixes are only covered by the content policy if you submit another remix and, in doing so, agree to the policy.

Ah, OK. Yeah, that does make sense then.

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I remember having a question about something when viewing the first draft, and think it may be worth asking: Then is it okay to, as I have the habit of doing, combine multi-part remixes...

Examples:

Final Fantasy VII ~ Philharmonic Suite, Part 1 and Philharmonic Suite, Finale (By: waxingeloquent)

Final Fantasy VI ~ Dancing Madly, Part 1 and Dancing Madly, Part 2 (By: Jeremy Robson)

...Into a single file, for the sake of continuity and convenience in a shuffled playlist (Personal MP3 playlist, for personal hearing only, no redistribution or profits made)?

I just thought some of the wording may not allow for such alteration, and would like confirmation on this issue. Thank you for your time, and great work on finally getting a black-and-white legal content policy done... It seemed like an accident waiting to happen, what with the alteration and reimagining and free distribution of copyrighted music.

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I remember having a question about something when viewing the first draft, and think it may be worth asking: Then is it okay to, as I have the habit of doing, combine multi-part remixes...

Examples:

Final Fantasy VII ~ Philharmonic Suite, Part 1 and Philharmonic Suite, Finale (By: waxingeloquent)

Final Fantasy VI ~ Dancing Madly, Part 1 and Dancing Madly, Part 2 (By: Jeremy Robson)

...Into a single file, for the sake of continuity and convenience in a shuffled playlist (Personal MP3 playlist, for personal hearing only, no redistribution or profits made)?

I just thought some of the wording may not allow for such alteration, and would like confirmation on this issue. Thank you for your time, and great work on finally getting a black-and-white legal content policy done... It seemed like an accident waiting to happen, what with the alteration and reimagining and free distribution of copyrighted music.

Terms of Use, part C specifically says: "Modifications for personal use not involving redistribution, such as burning personal mix CDs or reformatting files for other devices, is acceptable."

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Examples:

Final Fantasy VII ~ Philharmonic Suite, Part 1 and Philharmonic Suite, Finale (By: Jeremy Robson)

Final Fantasy VI ~ Dancing Madly, Part 1 and Dancing Madly, Part 2 (By: waxingeloquent)

Sorry for being picky...

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Sorry for being picky...

Thank you, I was just going to do that.

In response to the new content policy, I think that we've definately needed one for a very long time. I realize that some may disagree with the new policy, however, read it through first, and then decide. OCR is attempting to protect not only itself, but it's artists as well. The very least anyone can really do is give this its fair shake.

Also, I'd like to point out that while this is a necessary step in the evolution of OCR at large, it's just one step, and it's in the right direction.

I'm hopeful that any and everyone who has ever had a remix posted here will come back and and agree, and continue moving forward to create and submit more and more remixes.

We are, after all, just one part of this community, whether you're a remixer or member of the forums. We can all do our part to make this a better place for one and all.

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OK, so I know I don't post much at all, but I do listen, and I've started making mixtapes which are distributed through b00mb0x, a not-for-profit website. Is it deemed acceptable use if the only modification is in the format of crossfading for mixing purposes?

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I have a question. If I submit somthing to Ocremix and it get's accepted and becomes part of OcRemix's collection, does this policy prohibit me from posting it on other remixing sites like Remix Tha Sauce or VGmix? And if I have already submitted a completed work on another site could it not be posted on OCR beacuse of it?

If so, this would severly limmit my ability to take in people's advice from many places. Getting reviews in the upcomming VGmix 3 with specific scores (especially) is somthing I look forward to. I'd like to learn all I can from all people in game arranging comunities as a whole. As much of an honor it is to be part of a VG arranging site with such high standards, I don't think I'd want to sacrafice potental help in other places for that honor.

However, if you only require me to include the fact that my song is part of Ocremix with a link to the song on this site when posting it on other sites I'd do so with pride and appreciation for this site as a whole.

It may seem like a stupid question but I wanted to make sure so that I could make a descicion. Thanks for any clarifcation in advance.

Jredd-

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I have a question. If I submit somthing to Ocremix and it get's accepted and becomes part of OcRemix's collection, does this policy prohibit me from posting it on other remixing sites like Remix Tha Sauce or VGmix? And if I have already submitted a completed work on another site could it not be posted on OCR beacuse of it?

If so, this would severly limmit my ability to take in people's advice from many places. Getting reviews in the upcomming VGmix 3 with specific scores (especially) is somthing I look forward to. I'd like to learn all I can from all people in game arranging comunities as a whole. As much of an honor it is to be part of a VG arranging site with such high standards, I don't think I'd want to sacrafice potental help in other places for that honor.

However, if you only require me to include the fact that my song is part of Ocremix with a link to the song on this site when posting it on other sites I'd do so with pride and appreciation for this site as a whole.

It may seem like a stupid question but I wanted to make sure so that I could make a descicion. Thanks for any clarifcation in advance.

Jredd-

No, it doesn't limit you in any such way - the only requirement is when using the remix elsewhere, you eliminate any reference to OC ReMix in the mp3 or the tagging, so you could submit a remix here, and if it gets posted, all you would have to do to use the mp3 elsewhere is remove the reference to OCR in the ID3v1/2 tag & in the filename.

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Oh alright, now I understand! Thanks for clearing that up :).

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Ah, okay. Yeah, 's cool. No problems here! Good luck, OC Remix!

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Hi, I'm a long time an of OCRemix but I've never really joined any of the boards. Anyway, I had a question regarding the new Content Policy and podcasts. I'm starting up my own show and was hoping to use some of the works on this site for into and outtro music. From what I've read, I'm planning to give the artist name and say something like "hosted by OverClocked Remix at www.ocremix.org" afterwards, then later on post a link in the show notes. Does this sound acceptable?

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Does this mean that I can't download the song and play it in any public space without written permission from the artist?

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I'm not sure if you mean something like playing the songs in a club or just listening to them on your laptop in public with your speakers on, but the relevant lines of the content policy seem to be:

"Live performance or playback of OverClocked ReMixes may occur in commercial, for-profit spaces such as stores, private clubs, or other gatherings, so long as no cost is explicitly associated with listening to them and no endorsement of the commercial entity by OverClocked ReMix can be inferred."

and

"If OverClocked ReMixes are being redistributed, performed, or incorporated into other works, materials used must be clearly attributed both to the ReMixer(s) who created them and to OverClocked ReMix... In the case of public or semi-public performances where accreditation is not reasonable, responding to audience inquiries with this information will suffice."

Assuming I'm interpreting this right, if you're not charging people to listen to the music, and you're telling them the artist's name and ocremix's URL when/if they ask, you should be fine!

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Methinks that too many people are approaching this thinking that it will be used as a weapon against innocent (and properly credited) use by the Pretzel rather than just to protect his dudes.

Say it with me: OCR is not Microsoft/amazon/RIAA.

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Hi, I'm a long time an of OCRemix but I've never really joined any of the boards. Anyway, I had a question regarding the new Content Policy and podcasts. I'm starting up my own show and was hoping to use some of the works on this site for into and outtro music. From what I've read, I'm planning to give the artist name and say something like "hosted by OverClocked Remix at www.ocremix.org" afterwards, then later on post a link in the show notes. Does this sound acceptable?

Yes, absolutely.

Does this mean that I can't download the song and play it in any public space without written permission from the artist?

Quoted from the policy, for emphasis:

In the case of public or semi-public performances where accreditation is not reasonable, responding to audience inquiries with this information will suffice.

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Would it be possible to, say, make a podcast containing a smattering of OC Remixes, so long as I'm very careful to credit everyone and everything associated with the site? I basically just want it to be like an NPR music show, only in podcast format. Would that be legally sound, under the current content policy?

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Would it be possible to, say, make a podcast containing a smattering of OC Remixes, so long as I'm very careful to credit everyone and everything associated with the site? I basically just want it to be like an NPR music show, only in podcast format. Would that be legally sound, under the current content policy?

Sure. Read section B of the Terms of Use.

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