[cc-community] Computer-generated derivative
drew Roberts
zotz at 100jamz.com
Mon Mar 9 22:30:29 EDT 2009
On Monday 09 March 2009 13:33:35 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").
>
> I think the Flash example is the same. It's a program running on my
> local computer that just makes a local copy. There's no infringement
> unless Fred distributes it - and he's not allowed to do that because
> he doesn't have rights to relicense either the CC-BY-SA or the
> proprietary data.
>
> (I do agree with you on the wider point that OSM data almost
> certainly isn't "protected" under CC-BY-SA anyway, but that's a whole
> nuther topic.)
This gets hairy. I can distribute and app to make the image I want to
distribute and distribute the app instead of the image. Let the app pull the
BY-SA stuff from the web and apply my data to it on my customer's machine.
I have seen something similar discussed re ?edit decision lists? and movies
and I seem to remember some lawsuits to combat the practice.
>
> cheers
> Richard
all the best,
drew
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