[cc-community] My photo was used in the magazine / licensing question

Fred Benenson fred.benenson at gmail.com
Sat Nov 3 22:59:12 EST 2007


On Nov 3, 2007 11:42 PM, Greg London <email at greglondon.com> wrote:

>
> > From what I've been told, there are two conflicting court
> > decisions on whether a derivative is created when a photo
> > is "synced" with an article.
>
> Hm. Putting a picture in an article isn't really syncing
> though, is it?


Are you asking for my opinion on the matter, or the law of the matter? Re:
My opinion, yes, I hope that it would be syncing it and thereby creating a
derivative work -- not only because copyleft would be useful to have here
(SA or FDL) but because Music + Film so easily get these rights (e.g.
putting music to a film creates a derivative work).

Anyway, as for the legal question check this post for the two disparate
decisions on whether a photo "synced" with another work is a derivative:

http://lawgeek.typepad.com/lawgeek/2004/01/zephoria_kulesh.html

Also consider the FSF's position here:

http://www.fsf.org/blogs/licensing/2007-05-08-fdl-scope




F
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