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

Rob Myers rob at robmyers.org
Mon Aug 14 03:14:01 EDT 2006

On 13 Aug 2006, at 23:09, Peter Brink wrote:

> 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.

I do remember the first time I got into a debate about what a  
"derivative" was, and it's not a term that people seem to get without  
explanation. If "adaptation" is clearer then that should be used  

For me personally the problem with "adaptation" is that it I'm used  
to a use of the word that is more limited than "derivative". So  
"adaptation" would just mean a television or film version of a book.  
And in fact the dictionary that I am looking at uses this definition.  
It does not mean a sample of a piece of music used to make another  
piece of music, for example.

But this is my opinion rather than any sort of legal argument. I  
think the important thing for the International license is that  
"adaptation" is a subset of "derivation" in Bern. If that is legally  
harmless and using "adaptation" is clearer and doesn't preclude  
sampling then OK.

- Rob.

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