[cc-licenses] "Collective" vs "Derivative" was Re: "mere aggregation"

Greg London email at greglondon.com
Wed Oct 18 23:50:07 EDT 2006

This is where I'd probably have to get a lawyer myself.
I think one way to look at the work is to ask whether
or not the works combine to form a new expression or
whether they remain different expressions between the
covers of the book. If they combine to create something
new, then I'd say it's a derivative. If they remain
separate and different expressions but in the same book,
then I'd say they are aggregate.

You results in court may vary.

> I appear to have made a small faux pas in using GPL language in the
> first post. The CC licenses use the terms "Collective Work" and
> "Derivative Work" to talk about this issue.
> My question remains pretty much the same, though:
> When compositing several images into a single image file, can the whole
> still constitute a "collective" work?  I'm thinking that it might depend
> on whether the images overlap (i.e. is part of an image obscured?)
> Or perhaps the mere fact that they are in a single image file is
> sufficient to invoke the copyleft terms for the whole?
> Terry Hancock wrote:
>>  I'm creating a set of illustrations to go along with an article. Due
>>  to the nature of the blogging software, it's desireable to minimize
>>  the number of images. I often do this by using multiple images in
>>  one, or "insets".
> [...]
>>  Does it make a difference whether the images overlap (as in an inset)
>>  or are merely beside each other (an array)?
>>  Just for reference, here's an existing example of what I mean by an
>>  "array":
> http://www.freesoftwaremagazine.com/files/nodes/1713/kusanagi_which_real.jpg
>>  and here of "insets":
>>  http://www.freesoftwaremagazine.com/files/nodes/1366/fig_tucson2000.jpg
> I'm interested both because I want to "do the right thing" with this
> project, and also because it's just an interesting question about CC
> copyleft.
> Thanks,
> Terry
> --
> Terry Hancock (hancock at AnansiSpaceworks.com)
> Anansi Spaceworks http://www.AnansiSpaceworks.com
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