[cc-community] Computer-generated derivative
Gisle Hannemyr
gisle at ifi.uio.no
Mon Mar 9 15:20:03 EDT 2009
On 09.03.2009 18:33, Richard Fairhurst wrote:
> Gisle Hannemyr wrote:
>> 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.
>
> But "must also be released" and "must also be made available" are the
> killer words here.
>
> If I type
> curl -o map.osm http://www.openstreetmap.org/api/0.5/map?
> bbox=11.4,48.7,11.45,48.75
> sed -e 's/node/nude/g' map.osm > mymap.osm
>
> and the result just sits on my hard drive, I don't have to release
> it, or make it available, to anyone. I've simply created a local copy
> with my own proprietary alterations. Only if I distribute it do I
> have to make it available under CC-BY-SA ("You may distribute,
> publicly display, publicly perform, or publicly digitally perform the
> Work only under the terms of this License").
Just to say that I concur.
The point I was trying to make was what /if/ Fred were to release
the remixed artwork, he must do it under CC BY-SA. But of course
he has no obligation to publish.
Sorry if that wasn't clear enough.
And of course: The same applies to the flash applet generated artwork.
--
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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