[cc-community] Cropping and derivation
Fred Benenson
fred.benenson at gmail.com
Thu Feb 21 12:21:26 EST 2008
There seems to be a lot of demand for #2 to be considered a derivative work
- people argue that if there exists a "semantic link" between an image and
its accompanying text, then the result is a derivative of the image (or both
the image and the text?).
This would present a significant challenge people making highly conceptual
work whose semantic meaning is sometimes purposely obscured (or
disconnected) from the accompanying image. While I see the initial
attraction, I do not think this is a good idea.
Best,
F
On Thu, Feb 21, 2008 at 11:57 AM, tbd <nick at musictbd.com> wrote:
> With questions such as this, one needs to look to copyright law
> legislation. According to the copyright law office's website a derivative
> work is defined as:
>
> A "derivative work" is a work based upon one or more preexisting works,
> such as a translation, musical arrangement, dramatization, fictionalization,
> motion picture version, sound recording, art reproduction, abridgment,
> condensation, or any other form in which a work may be recast, transformed,
> or adapted. A work consisting of editorial revisions, annotations,
> elaborations, or other modifications, which, as a whole, represent an
> original work of authorship, is a "derivative work".
>
> I am not a lawyer but scenario 1 does not appear to be a derivative but
> scenario 2 does seem like one.
>
> tbd
>
> On 2/21/08, 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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