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cc-licenses - Re: [cc-licenses] Creative Commons & Copyleft question?

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Subject: Development of Creative Commons licenses

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  • From: "Charles Iliya Krempeaux" <supercanadian AT gmail.com>
  • To: "Discussion on the Creative Commons license drafts" <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Creative Commons & Copyleft question?
  • Date: Mon, 28 Aug 2006 11:52:17 -0700

Hello Terry,

On 8/28/06, Terry Hancock <hancock AT anansispaceworks.com> wrote:
Charles Iliya Krempeaux wrote:
>  What I'm wondering is, if an image or video is made copylefted by
>  licensing it under the Creative Commons BY-SA license, then.... if a
>  webpage were to embed (and NOT just simply link to) such an image or
>  video, then would it become copylefted too?... and, in other words,
>  would the webpage become licensed under the Creative Commons BY-SA
>  license too?
>
>  If I were talking about the GNU GPL, I believe the answer would be
>  "yes". And if I were talking about the GNU LGPL, then I believe the
>  answer would be "no". But I'm not sure what the Creative Commons
>  BY-SA license does in this situation.

Actually, I think the answer might be "no" for all three, but it's certainly
"no" for the CC-By-SA.

I realize that you are arguing from analogy with shared-object library
linkages -- but I don't think it's all that clear legally that the GPL's
copyleft can include images in an HTML page. Even though HTML pages
appear to "contain" images, the images are separate files. Also, were this
required, GPL webpages could become quite useless due to the lack of
compatibly licensed images (then again, maybe that's why it's not a popular
license for webpages).

If the answer is "no", then will the CC 3.0 contain anything like that?  I.e., where embedding a BY-SA image or video into a webpage, via the HTML <img>, <embed>, or <object> elements, would make that webpage a "derivative work" and make it become BY-SA too?


See ya

--
    Charles Iliya Krempeaux, B.Sc.

    charles @ reptile.ca
    supercanadian @ gmail.com

    developer weblog: http://ChangeLog.ca/
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