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

Gregor Hagedorn g.m.hagedorn at gmail.com
Wed Jan 11 05:09:29 EST 2012


Thanks Sarah for your reply!

My comment is being fully addressed if CC recognizes that this IS the
de-facto situation of CC 3, but that it can be problematic. My comment
addressed your first answer, which seemed to imply that local law is
sufficient and that one should rather avoid adding additional
clarifications. Of course you cannot work outside copyright law, but a
license can clarify any number of cases without conflicting with local
law. My wish would be that the rights granted should ultimately, in a
globally usable unported version of CC, be specified increasingly
clearly. This does not mean that the license makes pretense that these
clarifications are complete; it should continue to refer to local law,
but specify more cases to achieve safe re-usability.

This will be a long term process. And I think it has been going on
throughout the previous versions. I believe CC is in a unique
advantageous position if it calls upon the experiences of porting into
local jurisdictions and tries to fix as many ambiguous or differing
positions. The topic of this thread is only a tiny puzzle piece in
such a process.

Would CC licenses specify more if copyright interpretation where
substantially different in each state of the US (I realize that there
are differences between U.S. states with respect to copyright terms; I
am not sure if the definition of a derivative work or a compilation
differs). Perhaps the present state of CC may still reflect a bit the
large, fairly homogeneous U.S. legislative area. Understandably so and
one might even argue that this situation was conducive to the creation
of CC in the first place. In Europe one might not even have dared to
start.

Basing CC 3 on the Berne Convention was a major positive step. Adding
as many clarifications as possible to CC 4 could be another step.

Gregor

PS: I added my position to
http://wiki.creativecommons.org/4.0/License_subject_matter#Automatic_localization_of_the_license
- please feel free to change/move in any way that is helpful for the
discussion process lead by CC.


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