[cc-community] [cc-devel] The CC licenses are hard to understand, therefore, hard to use

Eduardo Hernández coz.eduardo.hernandez at gmail.com
Wed Apr 7 15:50:17 EDT 2010


Hi all,

@Carl:
> Since even a NoDerivatives licence allows conversion into other formats, [...]format-shifting doesn't create a derivative. If there's any confusion about that, maybe you could suggest a clarification in the next licence version.

Thanks, I'll post on the cc-licenses list about it.

@Claude Almansi:
> And the "new and original work" criterium in the definition of a
> licensable derivative is not just a CC concept, but it is in copyright
> law itself [...] The issue - like the CC licenses themselves, btw
> - being rooted in copyright law, one should attempt to explain better
> these basic copyright law points.

I think now that my misunderstanding is really a lack of understanding
of the law itself and not the CC licenses, maybe a few additions could
be made to the CC FAQ . I'll go and bother the people that edit it on
their Talk pages. =P

@Graham, Richard:
>> For example, if I find a CC-BY image, I can't just sublicense the
>> image under the CC-BY-SA. [...]
> Why would you need to? This is the bit about this that confuses me -
> perhaps somebody with a better understanding will be able to explain to
> me!

I have special interest in this change, since I like more the idea of
keeping the derivatives under an open license. However, this also
disrespects the authors wishes, so it's probably better than I can't
just sublicense the CC-BY license.

Their point is that I can't copy a image and change the license even
if it's compatible, if I don't make a derivative. But I never meant to
say that I could claim to be the author of the image.

@Alan Cox:
> Format shifting depends on the country. The UK still has broken 'format
> shifting is unlawful' rules for example, where even loading a CD onto
> your MP3 player is technically breaching copyright law !

I think that in this case the permission to switch formats is given by
the CC licenses, not the law, where it reads in section 3 at
http://creativecommons.org/licenses/by-nd/3.0/legalcode 'The above
rights may be exercised in all media and formats whether now known or
hereafter devised. The above rights include the right to make such
modifications as are technically necessary to exercise the rights in
other media and formats'.

- Eduardo Hernandez



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