[cc-community] What does CC-BY-ND actually mean?
Gisle Hannemyr
gisle at ifi.uio.no
Thu Apr 9 03:23:40 EDT 2009
On 07.04.2009 22:42, jonathon wrote:
> On Tue, Apr 7, 2009 at 18:45, Paul Houle wrote:
>> I'm wondering about what rights CC-BY-ND gives to people who find a photograph.
> I _think_ that you could sell the digital image. You can distribute
> the digital image gratis.
Yes, but that is sort-of irrelevant to the OP's question.
Commercial use is determined by the presence or absence of
the NC clause, and not influenced by the presence or absence
of the ND clause.
> Everything else depends upon whether you, and the copyright owner can
> agree on what the terms of the CC-BY-ND license mean, or don't mean.
No it depends on the legal meaning of the words "derivative work"
and "adaptation", as defined by the law and clarified by the
license.
> I avoid ND licensed content, simply because the ND is even fuzzier
> than NC is, in terms of what it permits, and what it prohibits.
I respectfully disagree.
Unlike "commercial", what constitutes a derivative work or an
adaptation has a well-defined legal meaning. And the license is
also very helpful by making it clear that syncing music in
timed-relation with a moving image is also considered to be
a derivative work. (That's my understanding anyway - but as some
people seems to be confused about this, it is helpful that the
license makes this perfectly clear.)
As public lead in Norway, I get to answer a lot of these questions
about what is, and what isn't, permitted under various CC-licenses.
The use-cases surrounding ND are a lot easier to sort out than the
use-cases surrounding NC.
The only fuzzy area surrounding ND I am aware of, is whether minor
cropping of an image to fit a particular lay-out format, desaturation
to fit a monochrome media such as newsprint, or non-intrusive editing
such as sharpening or colour management - are allowed under ND.
Bearing in mind that the license explicitly permits transformations
into any format or media, I reply to such use-cases that such
changes are allowed as long as they are done for technical reasons
and do not alter the narrative of the image. Cropping that is
so intrusive that it removes a narrative element from a photo is
IMHO outside the bound of what is allowed under ND, even if it is
done for technical reasons to fit a particular format.
--
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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