[cc-licenses] different license for different bitrate

drew Roberts zotz at 100jamz.com
Thu Dec 14 13:36:40 EST 2006


On Thursday 14 December 2006 10:18 am, James Grimmelmann wrote:
> 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.

Stick with me for a second while I throw in this wrinkle then.

If we take this as correct that they are indeed different works under 
copyright law, wouldwe then need a seperate registration for each if we 
wanted to register our copyrights?

The answer seems obvious, but I am not one to take the obvious answer when it 
comes to copyright issues.
>
> James

all the best,

drew
-- 
(da idea man)
National Novel Writing Month
Sayings (Winner 2006)
http://www.ourmedia.org/node/262954



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