[cc-licenses] Creative Commons & Copyleft question?

Peter Brink peter.brink at brinkdata.se
Mon Aug 28 15:10:54 EDT 2006

Charles Iliya Krempeaux skrev:
 > What I'm wondering is, if an image or video is made copylefted by
 > licensing it under the Creative Commons BY-SA license, then.... if a
 > webpage were to embed (and NOT just simply link to) such an image or
 > video, then would it become copylefted too?... and, in other words,
 > would the webpage become licensed under the Creative Commons BY-SA
 > license too?

No. A webpage with embedded images (or any other file) is a "collective 
work". It's a collection several, independent, works. The CC license 
does not require that all the components of a collective work are 
licensed under the same license (or under any license at all). See 
sections 1.a and 4.a.

 > If the answer is "no", then will the CC 3.0 contain anything like
 > that? I.e., where embedding a BY-SA image or video into a webpage, via
 > the HTML <img>, <embed>, or <object> elements, would make that webpage
 > a "derivative work" and make it become BY-SA too?

AFAIK, the answer is no - and why should it? An embedded image is no 
derivative work, why should we allow for such an extension of the 
licensor's rights?

/Peter Brink

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