[cc-community] Not sure does cc apply to a copy or 'original' work
drew Roberts
zotz at 100jamz.com
Sun Jun 1 13:17:46 EDT 2008
On Sunday 01 June 2008 08:40:05 Branislav Nakic wrote:
> 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.
I don't see how that would be a workaround if the "work" license theory holds.
But it may not hold.
>
> Bane
all the best,
drew
>
> 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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> > cc-community at lists.ibiblio.org
> > http://lists.ibiblio.org/mailman/listinfo/cc-community
>
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