[cc-community] Does BY-SA extend to a newspaper?
Lawrence Lessig
lessig at pobox.com
Thu Apr 19 10:10:11 EDT 2007
I think we need to have a real, extended discussion of this. I like
this proposal, though I don't know enough to say I think it is right.
I'm hopeful the iCommons Summit might be an opportunity to work
through this more carefully.
On Apr 13, 2007, at 11:02 AM, drew Roberts wrote:
> On Friday 13 April 2007 01:37 pm, Lawrence Lessig wrote:
>> I am not sure I see how the GFDL solves any perceived problem that
>> BY-
>> SA creates. The GFDL, like every copyleft license I know of, applies
>> its obligation to license beyond the original work only if there is a
>> "modification." It, more over, explicitly permits items to be mixed
>> without the copyleft component being applied to the other works. A
>> photographer concerned that the copyleft rules of the BY-SA don't
>> obligate enough won't get additional obligations from the GFDL.
>>
>> This is indeed why, e.g., Erik, is thinking about a clever
>> modification to the BY-SA scope to apply the obligation beyond
>> derivatives. But until such modifications are added, either to the CC
>> licenses or the GFDL, copyleft licenses will raise this important
>> issue for photographers, and other authors too.
>
> Would you care to comment on my thoughts on a way to deal with this
> as posted
> here:
>
> http://lists.ibiblio.org/pipermail/cc-community/2007-April/001702.html
>
> Also, if something like this could work, could the sync rights move
> over to
> such a scheme or could we at least have a more narrowly defined set of
> circumstances where sync rights are needed?
>
> all the best,
>
> drew
>
>>
>> On Apr 12, 2007, at 1:23 PM, Benj. Mako Hill wrote:
>>> <quote who="Elizabeth Stark" date="Thu, Apr 05, 2007 at 05:51:06PM
>>> -0400">
>>>
>>>> Nope. Under the license, it only applies to the photo itself in
>>>> the context
>>>> of a newspaper. So they used it correctly.
>>>
>>> CC seems to have a taken a position that the license basically
>>> stops at
>>> the edge of a photograph. Basically, this means that if you don't
>>> modify
>>> the content of a photograph, you can basically do what you want
>>> with it
>>> under an an SA license (of course, Evan's comments, and a few
>>> things he
>>> didn't say, still need to be kept in mind).
>>>
>>> This is one reason a number of photographs who upload to Wikimedia
>>> Commons prefer the GFDL and its related to the reason why Larry
>>> Lessig
>>> has analogizing NC clauses and copyleft for software -- although I
>>> personally disagree with Lessig's argument in this respect.
>>>
>>> Regards,
>>> Mako
>>>
>>>
>>> --
>>> Benjamin Mako Hill
>>> mako at atdot.cc
>>> http://mako.cc/
>>>
>>> Creativity can be a social contribution, but only in so
>>> far as society is free to use the results. --RMS
>>> _______________________________________________
>>> cc-community mailing list
>>> cc-community at lists.ibiblio.org
>>> http://lists.ibiblio.org/mailman/listinfo/cc-community
>>
>> ______________
>>
>> Lawrence Lessig
>> American Academy in Berlin
>> Am Sandwerder 17/19
>> Berlin D-14109
>>
>> office: +4930/804 83 301
>> home: +4930/804 83 203
>> cell: +49/1515 907 6197
>> fax: +4930/804 83 222
>> lessig at pobox.com
>>
>> Assistant: a2lessig at pobox.com
>>
>>
>> _______________________________________________
>> cc-community mailing list
>> cc-community at lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/cc-community
>
> --
> (da idea man)
> _______________________________________________
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______________
Lawrence Lessig
American Academy in Berlin
Am Sandwerder 17/19
Berlin D-14109
office: +4930/804 83 301
home: +4930/804 83 203
cell: +49/1515 907 6197
fax: +4930/804 83 222
lessig at pobox.com
Assistant: a2lessig at pobox.com
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