[cc-community] Computer-generated derivative

Gisle Hannemyr gisle at ifi.uio.no
Mon Mar 9 13:07:01 EDT 2009


On 09.03.2009 17:29, Rob Myers wrote:
> On Mon, Mar 9, 2009 at 4:22 PM, Gisle Hannemyr <gisle at ifi.uio.no> wrote:
>> On 09.03.2009 16:52, Rob Myers wrote:
>>> On Mon, Mar 9, 2009 at 3:30 PM, Gisle Hannemyr <gisle at ifi.uio.no> wrote:
>>>> On 09.03.2009 13:04, Richard Fairhurst wrote:

>>>>> If Fred has a program running on his computer that downloads
>>>>> OpenStreetMap data (licensed CC-BY-SA),

>>>> While CC-BY-SA 2.0 is the license you'll find  attached to the
>>>> OpenStreetMap data, "data" is not protected by CC-BY-SA 2.0.
>>>> The license defines "Work" as "copyrightable work of authorship",
>>>> and "data" falls outside this definition.
>>> Yes this is the basis of the current relicencing debate at OSM as
>>> you observe.
>>>
>>> With Richard's question, if we assume the we are in a jurisdiction
>>> where maps are copyrightable
>>> and the BY-SA work we are considering is
>>> a map, what happens to Fred now?

>> I don't see the relevance to the original scenario (which deals
>> with map data, rather that the expression of those data into
>> some graphical form). But for what it is worth:
>>
>> If we are in a jurisdiction where a map (a graphical rendition based
>> upon map data), is a copyrightable work, and Fred takes a map licensed
>> under CC BY-SA, use a scanner to digitize the map and then creates a
>> slightly different map with some additional markings on the map based
>> upon some proprietary data Fred own, Fred has to abide by the license
>> and release the derived work (the new map he has created) under
>> CC BY-SA.

> Sure, but the question is what happens if, rather than Fred doing it
> manually himself, Fred is faced with a Flash applet (for example)
> provided on a web page that will pull in a BY-SA map
> and some proprietary work then make the proprietary derivative on
> his computer *for* him.

If Fred had a Flash applet that created a remix of two copyrighted
graphical artworks in the way you describe, the derived work
(the new map he has created) must also be released under
CC BY-SA.  Whether the remixing of the copyrighted  graphical
artworks is done  manually by means of a scanner + Gimp, or
by some applet software tailor-made for the task, does not
make a difference.  The point is that if when start with
copyrighted graphical artwork available under CC BY-SA,
any graphical artwork derived from that must also be
made available under CC BY-SA.
-- 
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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    "Don't follow leaders // Watch the parkin' meters" - Bob Dylan


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