[cc-community] Simplifying Licenses

Fred Benenson fred.benenson at gmail.com
Mon Aug 10 14:55:07 EDT 2009


> Just to clarify a couple points, you said in your blog post: "Many of my
> photos have been used by mainstream publications without my permission
> (that’s a good thing as far as I’m concerned) because I’ve put them under a
> Creative Commons license."  But it's not really "without your permission,"
> if the CC license already automatically grants permission for reuse under
> certain conditions, right?  I guess it's just a semantic thing.


Yeah, maybe "explicit permission" is the better way of putting it.


>
>
> Also, when you say "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." To clarify, you are claiming fair use rights as a blogger to report
> on the WSJ's use of one of your own works, am I right?


Yes, that's my gut -- the rights afforded to me (through fair use, and the
idea vs. expression distinction) seem sufficient from both a blogger's
perspective and a photographer's perspective.

If I was a collage artist or someone like Richard Price (
http://en.wikipedia.org/wiki/Richard_Prince ) , that might be different ...



>
>
> Lee-Sean
> http://leesean.net
>
> On Mon, Aug 10, 2009 at 11:15 AM, Fred Benenson <fred.benenson at gmail.com>wrote:
>
>> 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:
>>
>> http://fredbenenson.com/blog/2008/10/22/moving-on-from-copyleft/
>>
>> 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,
>>
>> F
>>
>>
>>
>>
>> ~ ~ ~
>> 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.
>>>>
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>>>>
>>>
>>>
>>>
>>> --
>>> "I like the dreams of the future better than the history of the past." -
>>> Thomas Jefferson
>>>
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>>>
>>
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