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

Kevin Phillips tacet at qmpublishing.com
Thu Aug 15 06:00:10 EDT 2013


Hi Jee,

Interesting.  Here's a quick background for those who are somehow unfamiliar with the story:
http://www.dailydot.com/technology/wikimedia-commons-photos-jimmy-wales-broken/

I'm not even close to being a lawyer, but my reaction to this originally was that it's almost certainly a parody:
http://en.wikipedia.org/wiki/Parody

It's mean spirited, but satirical in essence.  I'm not sure it would stand up (pardon the pun!) to say it's damaging to Jimmy's honor and reputation
but I'm interested to watch this thread for the opinions of the people who understand the legal definitions of these terms.

Kevin




From: Jeevan Jose 
Sent: Thursday, August 15, 2013 4:11 AM
To: cc-community at lists.ibiblio.org 
Subject: [cc-community] Publishing photo of an identifiable person under aCC license




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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