[cc-community] Not sure does cc apply to a copy or 'original' work
peter.brink at brinkdata.se
Sun Jun 1 06:23:03 EDT 2008
Asheesh Laroia skrev:
> On Sat, 31 May 2008, Branislav Nakic wrote:
>> Yes, I went too far with that probably. But what happens when I sell the
>> higher resolution copy, can the buyer distribute it further?
> So copyright applies to fixed works in a tangible medium of expression,
> and it applies to making copies of that work.
Just a small remark: a copyright does not require a tangible medium of
expression, it does in the US, but not in (most) of the rest of the world.
> Given that, here is what you are saying:
> The fixed JPEG data that you give out, which happen to be low resolution,
> and grants permission for some re-uses under a Creative Commons license,
> somehow allows someone to make copies of a *different* bag of JPEG data,
> which happens to be higher resolution, fixed in a tangible medium of
> I can see no justification for this claim. Copyright does not apply to
> the idea in your head that the two files you created are similar in
> origin; it applies to the fixed expression of that idea in the JPEG data.
> So how can one file affect the other?
> Therefore, I see no way to justify an answer of "Yes" to this question,
> and must answe it "No", there is no permission to license or sell or
> distribute the higher-resolution version.
Sorry, but your wrong. If the work is a picture then the work is the
picture as _it appears to the human eye_ and not the data in the JPEG
file (data is not copyright protected in any case btw). The same goes
for a text. A text written by hand in a flowing beautiful script is the
same work a the same text written with a typewriter. In a sense the
picture and the text are just copies of the work as it exists in the
mind of the originator.
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