[cc-licenses] Aggregation and Stronger SA

Arne Babenhauserheide arne_bab at web.de
Sat Apr 21 13:03:28 EDT 2012


Am Montag, 16. April 2012, 10:09:42 schrieb drew Roberts:
> > This does not solve the photographs case. I can put BY-SA photographs
> > with ARR text, and the ARR text does not become BY-SA.
> 
> The above would solve the photographs case. The text would not have to be 
> BY-SA but it would have to be Free. That is the level of protection I would 
> like for my photos.

That depends on whether the text is actually a creative derivative of the 
images.

Section 5 of the GPLv3 says:

“A compilation of a covered work with other separate and independent works, 
which are not by their nature extensions of the covered work, and which are 
not combined with it such as to form a larger program, in or on a volume of a 
storage or distribution medium”

In the case of a book with photographs and text, this could be violated in two 
ways:

(1) The text would be an extension of the photographs, for example by 
describing them, or
(2) The book could be a combined creative work (depends on a court seeing the 
name program apply to any kind work).

The second case would hit in any case where the photographs are not just 
selected at random but selected to fit the text *and form a larger whole*.

So the only way to create an unfree book which uses your GPL photographs would 
be to create a *bad* book. Like a documentation of Mauna Loa using random 
images from Seattle and Berlin. 

As soon as the theme of the images fits the text, it’s no mere aggregation 
anymore and they have to adhere the copyleft.

Best wishes,
Arne
-- 
1w6 sie zu achten,
sie alle zu finden,
in Spiele zu leiten
und sacht zu verbinden.
→ http://1w6.org
  (GPLv3+)
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