[cc-community] Does license applicable for all resolutions?

Gisle Hannemyr gisle at ifi.uio.no
Mon Dec 2 04:32:59 EST 2013


On 2013-12-02 07:38, Jeevan Jose wrote:
> I think the license is applicable to whatever material that is provided
> there;  not to its source materials.

If there is some sort of *creative step* separating the source materials
and what is provided, I agree.

However, if it is only a matter of some  mechnical operation (such
a resolution transformation), I disagree.

 > CC 4.0 started to use the
> word "Licensed Material" instead of "Work".

I believe the reasoning behind this change of words is that
the 4.0 license now covers materials that are *not* Works
(as this term is  understood in copyright law), such as
databases and data sets. Hence, "Work" had to be retired in
favour of a term that covers both a "Work" and a "dataset".
"Material" is a term that does this.

There was no intention to limit the license to the *exact*
resolution and format that the license is attached to, and there
is plenty of language in the legal code to make sure that the
phrase "Licensed Material" can't be interpreted that way.

E.g.:
   "The Licensor authorizes You to exercise the Licensed Rights
    in all media and formats whether now known or hereafter created"

So I don't think there can be any doubt that the license is also
applicable to a higher resolution format of the same material.

 > Consider a focus stacked macro or a gigapan panorama. There may
 > be 100+ source files behind it. Do we get the license for all
 > those source files?

Obviously not - the transformation of the 100+ source files into
a focus stacked macro or a gigapan panorama is dissimilar to a
a mechanical resolution change.

As a photographer that has created both, I'd say that it takes a
lot of planning and skill to get results.  There exists automatic
tools that can do this, but they don't work if they run on auto-
pilot.  You need individual, creative, human intervention to do
focus stacking or panorama stitching right.  Hence, the license
for the composite soes not cover the individual bits and pieces
("100+ source files) that goes into the composite.

-- 
- gisle hannemyr [ gisle{at}hannemyr.no - http://folk.uio.no/gisle/ ]
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