[cc-community] SA Video Question

Mike Linksvayer ml at creativecommons.org
Mon Oct 25 15:19:03 EDT 2010

On Tue, Oct 26, 2010 at 2:41 AM, drew Roberts <zotz at 100jamz.com> wrote:

> On Monday 25 October 2010 14:31:13 Mike Linksvayer wrote:
> > On Fri, Oct 15, 2010 at 8:14 PM, Mitch Featherston
> > <mlfeatherston at gmail.com>wrote:
> > > I'd like to create some videos using CC Sharealike content from various
> > > sources including Wikipedia, Opsound, ccmixter, etc. I'm going to use
> > > Blip.tv as my video platform. Obviously, by using SA content, my end
> > > product will also be SA. I also plan on enabling ads for my videos. If
> > > Blip.tv's ad system places pre-roll, lower thirds or post-roll ads,
> does
> > > this TECHNICALLY screw with the SA license? In other words, do the ads
> > > have to SA as well?
> > >
> > > This may sound like a silly question, but I am not used to working with
> > > SA material. I am more of a CC Attribution guy. :-)
> >
> > It seems to me this depends entirely on whether ads + video constitute an
> > adaptation or not. Feels like mere aggregation to me -- when I see an ad
> in
> > whatever format, unless it is a placement within the video itself,
> some ads come before or after the work. some sit on top of it and obscure
> parts of it rather than being placed "in" it.

Yes, I understand, and...

> > I don't
> > see a "new work" combining the ad and video, I see two separate things.
> But
> > I have no idea beyond this intuition.

However, I have no idea what others see, or even more pertinently, what the
law sees in various jurisdictions.

IMO it's very natural on the web to see stuff aggregated, including with
overlays, and see that the things pulled together aren't parts of a new
work. But there is the potential for creating new works intentionally via
such methods, speculated about long ago at
side remix").

Two other thoughts:

- http://creativecommons.org/weblog/entry/8213 says we'll only broaden what
is considered an adaptation vs what is considered a collection

- One strong consideration as to whether eventually (eg 4.0) explicitly say
something like overlays always create an adaptation (vs remain silent) is
whether such would actually increase the amount of valuable BY-SA works --
the whole point of copyleft -- or merely make BY-SA works unusable on much
of the web.


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