PUBLISHER'S RESPONSE...Argh. Okay. This is the first time this has happened to us.
First of all, scissorfighter, I respect the time you put into making that video and your intentions in making it. I know you did it to give respect to the story and to Escape Pod, and I appreciate that. I don't have anything against you personally, nor against this content. (Which, speaking for myself, I found neither particularly funny nor particularly offensive. I know John Edwards personally, I had dinner with him before PodcasterCon last year and we shared opinions on politics and new media. I think he's a good guy. But that doesn't make me want to shut down anything critical of him.)
However, by the letter of our license, Thaurismunths is right. The
Creative Commons license we use is a
no-derivatives license, meaning we do not grant permission for other people to adapt our product or use it in other works. You're free to redistribute our complete audio files all you want, but you
cannot use them for other purposes. In this specific case, it's also my (non-lawyer's) opinion that the amount of audio used exceeds permissible fair use under copyright law.
Our reason for this restriction isn't because I'm uptight or hate mashups or anything. If it were entirely
my content, I'd say "Cool, do whatever you want." Our reason for it is to protect our
authors' rights. When I contract for the audio rights to a story, I'm contracting for a very specific use -- we'll narrate their story in a single Escape Pod episode, and that's it. All other rights are theirs. I don't have the permission myself to give
other people permission to use the story in any other way. And some adaptations might be ones that the authors objected to; if, for instance, Kevin J. Anderson was upset by having his text used in this video and our license allowed it, part of his anger would (quite properly) fall on me and Escape Pod. We'd have a much harder time getting stories under those terms.
Therefore, my immediate response to this video wasn't to say "Cool, go for it," nor to flip out and insist that it be taken off YouTube immediately. Instead I e-mailed Kevin J. Anderson to find out what he thought. He wasn't thrilled by it (in fact he was glad his name wasn't attached because he doesn't want to be perceived as endorsing Edwards-bashing) but he didn't consider it worth censoring, either. His specific words were: "If I worried about stuff like this, I would never have a second left to do any real work."
So that's that. I'm not going to take down scissorfighter's forum post, nor raise any objection to the YouTube video. The author whose rights I am obliged to uphold doesn't object, so there's no stake in it for me to worry about it. At the same time, though, I cannot
approve of it legally or ethically, and I will do nothing to promote this or encourage others to create similar derivative works.
Future cases, if any, will be handled similarly. I don't hold any ill will toward anyone who wants to create EP-inspired fan works, but my primary responsibility
must be to the authors and their rights. So I have to insist: if you want to do anything like this in the future, get the authors' permission first. If you can get their okay, you're virtually guaranteed to have mine. Otherwise, you just make life complicated for me.
Fair enough? Any questions or problems, please direct them to me personally.