[cc-community] Germany - NC/CC violation - request for help

Robert Atwood lists at atwood.org.uk
Wed May 28 11:47:57 EDT 2008


rob at robmyers.org wrote:
> Quoting "Robert Atwood (lists)" <lists at atwood.org.uk>:
> 
>> [...] I would think that arguing that
>> cropping to a different aspect ratio in a derivative work under the -sa-
>> license fits in this category is rather far-fetched, does being a member
>> of the 4:3 faction carry moral weight against the 16:9 faction?
> 
> If the cropping negatively effects the appearance of the work then it  
> can negatively effect the artist's reputation. So it's not completely  
> far-fetched.
> 
I guess you could come up with an example where simply cropping appears 
to reverse a political message, so I shall concede that point already, 
are we talking about aesthetic alterations here?

If its a specific aesthetic choice, I believe it is well within what 
-sa- should allow. If the original artist doesn't want that they should 
not use -sa- type of license, they should use the -nd- type, and offer 
to separately grant permission or some kind of collaboration with some 
creative control for derivative works.

  I can see the association with political or the example given  of 
'adult entertainment' association being unwanted but a differing 
aesthetic use of the material is what  -sa- is all about, isn't it?

Again, what do these artists THINK people will do when making derivative 
works ,if not recasting the material with different aesthetics?
  An artistic  quality judgment IMHO should really not be a violation of 
those 'moral rights'. Must the  -sa- deriving artist  seek the original 
artists' aesthetic judgment?  No way. If  so then it's totally useless 
and might as well not exist.Even if the deriver , obeying all the terms 
in the chosen -sa- type of license, makes what I think is a rubbish 
artwork, I don't believe the 'moral rights' should allow me to protest 
(legally) ... just because I don't' like it. Of course I can write a 
scathing review, and/or make a re-derivation that illustrates my 
feelings about it. IF the -sa-by- terms are followed it should be clear 
who has done what, assuming (the -by- type of license was used.) Is 
there an "anti-by" clause ? (you can use it but you MUST NOT attribute 
me  :=) )


Future critics might think the derivation is the greatest work of all 
time, after all.




> (IANAL, TINLA).
> 
> - Rob.
> 
> 
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