[cc-licenses] Clarification for Non-Derivative License: grayscale from color not a derivative work

Gregor Hagedorn 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.

Gregor
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