[cc-licenses] different license for different bitrate
james at grimmelmann.net
Thu Dec 14 13:48:13 EST 2006
drew Roberts wrote:
> 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?
I do not know.
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