[cc-licenses] BY-NC-SA (International) 3.0 Draft 1 Comments

Peter Brink peter.brink at brinkdata.se
Sun Aug 13 18:09:00 EDT 2006

Rob Myers skrev:
> Notes by section:
> 1 b
> I assume that the concept of "adaptation" is a genericisation of  
> "derivative". But Berne uses the term "derivative", and "adaptation"  
> is listed as a kind of derivative. If this is a grey area how about  
> something like GPL-3's "a work based on the program", for example "a  
> new work based on the licensed work" or "a new work containing some  
> or all of the licensed work".

Frankly, I find "adaptation" an much more intuitive term than 
"derivative". The term "derivative" to me implies that the rights to a 
work, that can be traced, even in a very minor way, back to an other 
authors work, is dependent on the rights to the original work, and this 
may very well not be the case. In fact, from my POW, the the usage of 
the term "derivative" implies an unfair _extension_ of the rights of the 
copyright holder.

Further, for people with little knowledge about copyright law, the term 
"adaptation" also points in the right direction (in most cases - the 
U.S. being a notable exception). If they would look the word 
"adaptation" up in a dictionary they would get an explanation which is 
pretty close to the actual legal term used in their national copyright law.

So, to me, the usage of "adaptation" makes the license more clear and 
less ambiguous.

/Peter Brink

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