[cc-licenses] Photo alongside text: collective or derivative

Henri Sivonen hsivonen at iki.fi
Wed Jul 5 06:23:13 EDT 2006


Suppose a photo (or another image) is licensed under CC-by-sa 2.5.  
Then suppose the photo is reproduced as an illustration next to text  
(either on a Web page or on a printed page) so that the image is  
neither modified (except scaled and subjected to whatever color  
reproduction technology happens to be at hand) nor partially covered  
in any way. That is, the photo can be saved intact from a Web page or  
scanned intact (except for technical degradation) from a printed  
page. The text refers to the image, so they aren't totally unrelated.

In that case, do the text and the photo form a Collective Work (and  
the text does not need to be licensed under CC-by-sa 2.5) or do they  
form a Derivative Work (and the text has to be under CC-by-sa 2.5)?

-- 
Henri Sivonen
hsivonen at iki.fi
http://hsivonen.iki.fi/





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