[cc-community] Cropping and derivation

Fred Benenson fred.benenson at gmail.com
Thu Feb 21 11:46:14 EST 2008


These are two very good questions that the law is unfortunately totally
opaque about.

There are two opposing opinions of whether a derivative work is created when
an image is recontextualized:

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

The FSF believes that it does constitute a derivative work:

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

Whereas the general interpretation of CC's BY-SA license is that it is "weak
copyleft" in the case of photos and that only modifications of the actual
work count as derivatives (excepting cropping and standard photo
techniques):

http://lists.ibiblio.org/pipermail/cc-licenses/2007-December/006228.html


Hope that helps, but sorry that there are no hard answers!


F


PS: It's my feeling that "derivative work" with respect to photography has
the potential to be as muddy, if not muddier than "non-commercial" with
respect to CC licenses in general.


On Thu, Feb 21, 2008 at 10:55 AM, Rich Vázquez <rich.vazquez at gmail.com>
wrote:

> We held our first Austin Creative Commons Salon last night.
> An interesting question came up which was - when is a work considered a
> derivation.
>
> Two points they considered
> 1) In cropping or resizing the picture, the picture has been altered
> (although the creative presentation isn't altered unless size was integral
> or elements other than sky, ground or random arms, etc)
> 2) In presenting an image  in the context of a story, a second medium of
> expression was introduced, so is this a creative alteration of the image.
>
>
> --
> --
> Rich Vázquez
> _______________________________________________
> cc-community mailing list
> cc-community at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-community
>
>
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