[cc-licenses] multiple licenses of same image
peter.brink at brinkdata.se
Mon Jan 15 08:03:33 EST 2007
drew Roberts skrev:
> On Sunday 14 January 2007 10:48 pm, Mike Linksvayer wrote:
>> On Sun, 2007-01-14 at 17:11 -0800, CM wrote:
>>> Also, if users upload images, and I sell these images to others via
>>> initially providing 'thumbnails' for buyers' review, is displaying
>>> 'thumbnails' considered a 'derivative work'?
>> I think that merely downsampling is considered transcoding, not
>> derivative, but IANAL.
> And yet I seem to remember being told different the last time we spoke of
> whether a license to a low resolution image also automatically gave the
> license to the higher quality image from which it came. This after I had been
> told different the first time I brought up the issue.
> Does anyone know which it is in fact?
A derivative work must be the result of a _creative act_ originating
from a human being. If a machine down- or upsamples a work there is no
creative act involved, it's a just a mechanical transformation. A
"thumbnail" is therefore a copy and not a derivative work.
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