[cc-community] Publishing photo of an identifiable person under a CC license

Bruce Kingsbury zcat at zcat.geek.nz
Thu Aug 15 01:49:48 EDT 2013


My feeling is that CC-anything has very little ro do with this and that
Jimbo has very little to go on. In fact I'm going to entirely ignore the
CC-BY-SA which gives people permission to make copies of the work.

Even if the work was all-rights-reserved, parody is exempt from copyright
in most places.
Even if it doesn't qualify as parody, I would argue that the resulting
painting is only a likeness of Jimbo rather than a copy of that specific
image.
Even if that were not true, the 'new work' involved here (the shock value)
is the video showing how that painting was made rather than the painting
itself.


And from the privacy angle; Jimbo has made himself a public figure.
Mockery goes with the territory.


If I were Jimbo I'd just stay quiet about it and hope not to invoke the
Striesand effect.



On 15 August 2013 15:11, Jeevan Jose <jkadavoor at gmail.com> wrote:

>
> http://commons.wikimedia.org/wiki/File:Jimmy_Wales_Fundraiser_Appeal.JPG
>
> This is a photo of a person published under a CC-BY-SA license. The same
> person is the copyright holder and original author per the work for hire
> contract.
>
>
> http://commons.wikimedia.org/wiki/File:Jimmy_Wales_by_Pricasso_(the_making_of).ogv
>
> Is this video can be considered as a derivative work of above photo? The
> original author/subject complained that the video is damaging Original
> Author's honor and reputation.
>
> So, is a CC license do any protection to prevent such actions? Do
> http://creativecommons.org/licenses/by-sa/3.0/legalcode 4d is helpful
> here?
>
> Or people publishing a photo under a CC-BY/CC-BY-SA license are vulnerable
> to such attacks?
>
> Regards,
> Jee
>
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