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cc-licenses - Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND

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Subject: Development of Creative Commons licenses

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  • From: Peter Brink <peter.brink AT brinkdata.se>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Dumping CC-BY-NC-ND and Narrowing CC-BY-ND
  • Date: Wed, 26 Apr 2006 15:55:32 +0200

Well put Harry,

Just one minor point...

Terry Hancock skrev:
> That is the standard of ordinary "All Rights Reserved" works, and
> the ND clause preserves that standard (it cannot, IMHO, extend it --
> under copyright law, the author does not own what is not (in the
> legal sense) *derived* from their work, hence they have no ownership
> authority to impose such requirements).
>

One party can always agree (under the freedom of contract) to treat an adaptation of a work as a "derivative work" even if it really isn't. Thus, in theory, an open source/content license could actually extend the scope of the legal concept "derivative works". However such an extension would only affect those bound by the contract, third parties are still (of course) unaffected.

/Peter Brink




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