[cc-community] Does BY-SA extend to a newspaper?

Lawrence Lessig lessig at pobox.com
Fri Apr 13 13:37:59 EDT 2007

I am not sure I see how the GFDL solves any perceived problem that BY- 
SA creates. The GFDL, like every copyleft license I know of, applies  
its obligation to license beyond the original work only if there is a  
"modification." It, more over, explicitly permits items to be mixed  
without the copyleft component being applied to the other works. A  
photographer concerned that the copyleft rules of the BY-SA don't  
obligate enough won't get additional obligations from the GFDL.

This is indeed why, e.g., Erik, is thinking about a clever  
modification to the BY-SA scope to apply the obligation beyond  
derivatives. But until such modifications are added, either to the CC  
licenses or the GFDL, copyleft licenses will raise this important  
issue for photographers, and other authors too.
On Apr 12, 2007, at 1:23 PM, Benj. Mako Hill wrote:

> <quote who="Elizabeth Stark" date="Thu, Apr 05, 2007 at 05:51:06PM  
> -0400">
>> Nope. Under the license, it only applies to the photo itself in  
>> the context
>> of a newspaper. So they used it correctly.
> CC seems to have a taken a position that the license basically  
> stops at
> the edge of a photograph. Basically, this means that if you don't  
> modify
> the content of a photograph, you can basically do what you want  
> with it
> under an an SA license (of course, Evan's comments, and a few  
> things he
> didn't say, still need to be kept in mind).
> This is one reason a number of photographs who upload to Wikimedia
> Commons prefer the GFDL and its related to the reason why Larry Lessig
> has analogizing NC clauses and copyleft for software -- although I
> personally disagree with Lessig's argument in this respect.
> Regards,
> Mako
> -- 
> Benjamin Mako Hill
> mako at atdot.cc
> http://mako.cc/
> Creativity can be a social contribution, but only in so
> far as society is free to use the results. --RMS
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Lawrence Lessig
American Academy in Berlin
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