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

Diane Peters diane at creativecommons.org
Tue Dec 17 10:52:19 EST 2013


Not in the least.  We're figuring out where to insert them in the main FAQ
this morning and will post here when they're up.

Thanks, Jeevan!

Diane


On Tue, Dec 17, 2013 at 2:46 AM, Jeevan Jose <jkadavoor at gmail.com> wrote:

> 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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>
>
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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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