[cc-community] Not sure does cc apply to a copy or 'original' work

Branislav Nakic rudlavibizon at gmail.com
Sun Jun 1 08:40:05 EDT 2008


I was thinking about a workaround for this problem, a way to solve
practically the implications of this.   What if someone wants to buy a photo
and we make separate agreement, can I remove the cc-by before I sell a high
resolution copy? In that case I could prove that the high res. one surely
doesn't come from flickr, for example, and from that point on it is only
licensed by that other agreement.

Bane

On Sun, Jun 1, 2008 at 12:23 PM, Peter Brink <peter.brink at brinkdata.se>
wrote:

> 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
> > expression.
> >
> > 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.
>
> /Peter Brink
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