[cc-community] Simplifying Licenses
fred.benenson at gmail.com
Mon Aug 10 14:15:13 EDT 2009
As a semi-pro-photographer-in-my-spare-time, I found myself thinking about
this issue quite a lot and wrote a blog post about it:
The question of whether a photographer needs copyleft-rights to a modified
work in order to criticize it is not a given. That is, it is a very
difficult case to make to photographers that even though their photo was
used by Exxon in an advertisement, they can remix Exxon's ad to show their
objection. Most photographers don't remix other people's work in a way that
invokes copyright law -- they reference angles, styles, even content itself,
but rarely in such a fashion that requires strong copyleft.
I wish it were different, but that's the nature of the profession.
On the other hand, if the WSJ came after me for using a screenshot of their
article featuring my BY licensed photo (see above post), I would be peeved.
But that's because I'm writing about WSJ's article as a blogger -- as a
photographer I don't need BY-SA access to their version of my photo to build
upon whatever modifications they added to it.
If that makes sense,
~ ~ ~
thoughts / http://fredbenenson.com/blog
work / http://creativecommons.org
sights / http://flickr.com/fcb
sounds / http://www.last.fm/user/mecredis
status / http://twitter.com/mecredis
On Mon, Aug 10, 2009 at 2:06 PM, Mitch Featherston
<mlfeatherston at gmail.com>wrote:
> I agree. BY-SA is not the best for photos. I completely respect the license
> and its appeal, but ultimately graphic content is best licensed under a By
> license... the "BSD" of CC licenses.
> Just my opinion.
> On Mon, Aug 10, 2009 at 1:43 PM, Lloyd <cc at phizz.demon.co.uk> wrote:
>> Rob Myers wrote:
>> > In both the examples you give it would be better to encourage use of the
>> > photos and to ensure your own freedom to criticise the results using
>> > BY-SA without NC.
>> BY-SA does not work very well for photographs. Sgare-alike only applies
>> to derivatives and adding a photograph to some article does make the
>> article a derivative of the photograph, similarly adding a photograph to
>> a product label would not necessarily make the product label a
>> derivative either. There is a body of opinion that holds that the SA
>> part of the license does not extend outside of the photos frame.
>> cc-community mailing list
>> cc-community at lists.ibiblio.org
> "I like the dreams of the future better than the history of the past." -
> Thomas Jefferson
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