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cc-licenses - Re: [cc-licenses] Photo alongside text: collective or derivative

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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] Photo alongside text: collective or derivative
  • Date: Wed, 05 Jul 2006 13:15:52 +0200

Henri Sivonen skrev:

In that case, do the text and the photo form a Collective Work (and the text does not need to be licensed under CC-by-sa 2.5) or do they form a Derivative Work (and the text has to be under CC-by-sa 2.5)?


I'd say it's a collective work. A derivative work is an expression that owes its form (and not just its content) from another expression. An expression might be dependent upon another as far as it's content goes, such as a text commenting the contents of a picture, but that does not mean that the text _derives_ from the picture. The text's form and content is an independent expression influenced by the contents of the picture. In the second paragraph of art. 4 of the Finnish Copyright Act (http://www.wipo.int/clea/docs_new/en/fi/fi054en.html) this is expressed as: "If a person has drawn freely on a work to create a new and independent work, his copyright shall not be subject to the right in the original work." In the Swedish Copyright Act the same idea is expressed as: "If a person, in free connection with another work, has created a new and independent work, his copyright shall not be subject to the right in the original work." (4 ยง 2 st.).

So I'd say that the text does not need to be licensed under CC-BY-SA 2.5.

/Peter Brink







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