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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: 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] Creative Commons & Copyleft question?
  • Date: Mon, 28 Aug 2006 21:10:54 +0200

Charles Iliya Krempeaux skrev:
> 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?

No. A webpage with embedded images (or any other file) is a "collective work". It's a collection several, independent, works. The CC license does not require that all the components of a collective work are licensed under the same license (or under any license at all). See sections 1.a and 4.a.

> 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?

AFAIK, the answer is no - and why should it? An embedded image is no derivative work, why should we allow for such an extension of the licensor's rights?

/Peter Brink




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