[cc-licenses] different license for different bitrate
James Grimmelmann
james at grimmelmann.net
Thu Dec 14 10:18:02 EST 2006
wiki_tomos at inter7.jp wrote:
> Hi. I guess the photos in your examples are not the same work
> in the strict legal sense. That's because the higher resolution
> photo contains more details, some of which are your creative
> expression of some idea. It is sort of like a synopsis of a novel
> is not the same work as the novel itself.
I think that this is correct, but I would not swear to it without more
investigation. I think Tomos is right that the critical fact is that
the higher-resolution photo contains details that really are additional
copyrightable expression. If the difference between the two version
were so small as to not make the difference copyrightable, then anyone
encountering version A might be free to use the license given out with
version B. But because the originality threshold in copyright law is so
low, bitrates of 128 and 256 kbps seem like they would be different enough.
This is not legal advice.
James
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