[cc-licenses] Clarification needed - Copyleft AND Share-Alike with Images
wolfgang wander
wwc at lns.mit.edu
Fri Feb 16 19:26:45 EST 2007
Peter Brink wrote:
> wolfgang wander skrev:
>> Now looking at this FAQ - it requires 'a collection of works in their
>> exact original format, not adaptations'. In my view:
>>
>> * any print of a digital image is an adaptation and
>> certainly not the original format.
>> * any editorial use of my full size image (it has
>> to be scaled, maybe cropped) is an adaptation
>> and certainly neither one is the original format.
>>
>> Even this very much hidden-from-view FAQ would very clearly exclude
>> editorial use of my images.
>
> No. It very clearly does not. An adaptation is a transformation of a
> work, a translation being the classic example. Copies are not
> adaptations. If you scan an picture and create a digital image of that
> picture you create a copy. This follows from how that concept (copying)
> is defined in copyright law. cropping and scaling are not transformative
> enough for the end result to become an adaptation.
Now Peter - this may be very clear to you as you are used the the
language of copyright licenses. For me as a lay person a resized
or printed version of my original jpg file is everything but original
format.
If the above FAQ is the only clarification that Creative Commons
provides so that I as a licensor can make an informed decision
about cc-by-sa it is not sufficient by any means.
For a lay person's reading of this paragraph I would consider the FAQ
entry misleading at best.
> CC's licenses (as does all open source/open content licenses) build upon
> copyright law. They do not extend nor do they expand the scope of
> protection allowed under copyright law (which would be the case if your
> interpretation was correct). The distinction btw adaptation and copying
> is not one created by this community it follows from the common usage of
> those concepts in copyright law.
I begin to understand that now. CC is however not doing a good job when
it talks about the concepts of Share-Alike. My intention as a content
creator was to license my work so that sites that publish their content
under a similar license (most notably the wiki family) could use my work
but that my work cannot be used for a free ride to increase the value of
non-free editorial content. The side effect is that you seem to make
wikimedia the worlds largest gratis stock photography agency.
Conceptually:
Without licensing my work under a CC or alike license I hold the
exclusive rights to my work. Now I can certainly grant another person
the rights to copy my work, either for free or for money. And I can
certainly do this for any number of people. Now why isn't it possible
to come up with a license that defines this group of people as those
who are willing to combine my work with Free content only?
Wolfgang
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