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

Jeevan Jose jkadavoor at gmail.com
Tue Dec 17 05:46:51 EST 2013


Hope you didn't forget this. :)

Jee

Regards,
Jeevan Jose


On Sat, Dec 7, 2013 at 3:17 AM, Diane Peters <diane at creativecommons.org>wrote:

> Hi everyone,
>
> Apologies for the silence from CC so far.  We're working on a couple of
> FAQs that should clear up a lot of this.  We hope to have those finished
> early next week.  I'll post here at that time.
>
> Thanks,
> Diane
>
>
> On Mon, Dec 2, 2013 at 1:32 AM, Gisle Hannemyr <gisle at ifi.uio.no> wrote:
>
>> 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/ ]
>> ========================================================================
>>      "Don't follow leaders // Watch the parkin' meters" - Bob Dylan
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>
>
>
> --
> Diane M. Peters, CC General Counsel
> http://creativecommons.org/staff#dianepeters
> diane at creativecommons.org <email%3Adiane at creativecommons.org>
>
>
> ______________________________________
>
> Please note: the contents of this email are not intended to be legal
> advice nor should they be relied upon as, or represented to be legal
> advice.
>
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