Commons:Deletion requests/File:Crumbling Castle.mp3

This song is not in the public domain. The band's bandcamp page gives the licence as CC BY-ND 3.0. Vladimir.copic (talk) 00:14, 17 July 2024 (UTC)[reply]

@Vladimir.copic:   Keep. From the official King Gizzard website (archive link): "This album is FREE. Free as in, free. Free to download and if you wish, free to make copies. Make tapes, make CD’s, make records...We do not own this record. You do. Go forth, share, enjoy." Perhaps bandcamp won't allow one to license that way. They cannot walk back that licensing from 6+ years ago. See also Commons:Help desk/Archive/2019/01#Polygondwanaland, the original of which prompted my upload 5+ years ago.   — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 09:37, 17 July 2024 (UTC)[reply]

I think the mistake here might be the difference between releasing music for free/not charging a licensing fee for creating physical copies and releasing something into the public domain. Nowhere do they state that the music is released into the public domain. On their FAQ page, they ask for the music not to be uploaded to streaming cites and say "The licence only extends to physical copies of the music". Vladimir.copic (talk) 10:48, 17 July 2024 (UTC)[reply]

@Vladimir.copic: Excuse me if I took "Free to download" captured 2017-11-24 19:55:30 (UTC) literally.   — 🇺🇦Jeff G. ツ please ping or talk to me🇺🇦 12:17, 17 July 2024 (UTC)[reply]

A copyright holder can give their creation away for free without releasing it into the public domain (it’s quite common with ebooks). Some of KGLW’s statements on this have been confusing and even contradictory but I don’t see any evidence of it being PD. Vladimir.copic (talk) 13:24, 17 July 2024 (UTC)[reply]

  Keep the band explicitly disclaimed ownership of this work ("We do not own this record. You do. Go forth, share, enjoy"), which is as close to a public domain dedication as it is possible to get without using the words "public domain". If they decided to use a more restrictive license when posting a copy of their work to Bandcamp, well, that has nothing to do with us. Beleg Tâl (talk) 16:42, 17 July 2024 (UTC)[reply]

  Info, this is confusing:
It seems that the bands intention was to make this album free for any purpose, as opposed to the later "bootlegger" series of albums, which are released under a license wherein those making albums must send "some of" the copies to the band to sell on their online store (that's what the FAQ is about, not Polygondwanaland). The phrase "free as in free" alludes to the "free as in free speech not as in free beer" phrase, which seems to imply that Polygondwanaland is meant to be both gratis and libre. In a Twitter post, they (probably Stu) said that the album is free to be used in derivative works - "sync it. put it in there movie. [...] whatever they want.".

A complicating factor here is that at the time of release, King Gizzard likely did not technically own the copyright to the album. The album, rather, was at that time owned by their label Flightless Records.(owned by then-member Eric Moore, but legally distinct) In 2018, when "official" pressings were released, ATO stated on the packaging that Flightless owned the rights to the album and the recording, confirming this. King Gizzard's Bandcamp page was operated by Flightless as a subpage of their label account in 2017,(for more details on how all that works see this) so it was Flightless that confusingly set Crumbling Castle as CC BY-ND and the rest as all rights reserved.

When King Gizzard left Flightless in 2020, the rights to their albums passed to the copyright holding entity KGLW. This would seem to include Polygondwanaland, as KGLW released a musicassette of the album in 2023, and made no reference to licensing it from Flightless or whatever. In fact they make no explicit reference to copyright at all - just as Flightless didn't on their own pressings. So we have the rather confusing situation where the band states that they want people to use this album in whatever way they want, implying that the album is free to use for any purpose - the actual copyright holding entities (Flightless and the KGLW pseudolabel) saying nothing at all on the matter (other labels just saying that Flightless owns it) - and the Bandcamp having different licenses depending on track.

To clear this up I am going to send an email to the band's current label p(Doom), (which succeeded KGLW/Gizzverse) and if the album is actually free to use for any purpose ask them to send an email to the VRT. -Thespoondragon (talk) 04:00, 11 August 2024 (UTC)[reply]