[cc-licenses] Clarification for Non-Derivative License: grayscale from color not a derivative work
g.m.hagedorn at gmail.com
Thu Jan 5 22:20:54 EST 2012
> For what it's worth, ND is no better than "all rights reserved" for
> the purposes of complying with Wikimedia policy; the justification
> would have to be in local project policy as "fair use". But this is a
> discussion for another venue.
Yes, but since there is no fair use in the combination of US, German,
Austrian and Swiss law under which the German Wikipedia is created, there
is a problem here. It needs to fullfill the obligations of the primary
addressed users and the uploaders (German, Austrian and Swiss law) and
those of holders/publisher/service provider under U.S. law.
As a consequence, unlike the English WIkipeida there are no
CD/DVD/game/music/book covers/product images on the German WIkipedia. This
is a problem for many Wikipedias, which CC might contribute solving beyond
the prinicple of open content on commons. The idea is to provide a Fair use
rationale for the US servers, and canvass producers to agree to an ND
license for use in Germany/Austria/CH. I am not sure this would work/be
accepted, but at least it could.
If you know a way out of this misery of "lowest common denominator of
copyright law" I look forward to try to introduce that into the discussion.
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