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cc-devel - Re: [cc-devel] The CC licenses are hard to understand, therefore, hard to use

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Subject: Developer discussion for Creative Commons technology and tools

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  • From: Nathan Kinkade <nkinkade AT creativecommons.org>
  • To: Eduardo Alberto Hernández Muñoz <coz.eduardo.hernandez AT gmail.com>
  • Cc: cc-devel AT lists.ibiblio.org, cc-community AT lists.ibiblio.org
  • Subject: Re: [cc-devel] The CC licenses are hard to understand, therefore, hard to use
  • Date: Mon, 5 Apr 2010 13:32:51 -0400

Hi Eduardo,

This is really more of a question for the cc-community list, as
cc-devel is more about software development related to CC. I'm
cross-posting this to cc-community list.

Where did you get the idea that you could simply covert a CC BY PNG
image to JPEG format and release the work under a different and
compatible license? As far as I understand the licenses, changing the
medium, or encoding of a digital file, is not enough to constitute a
derivative work, and therefore you would not be permitted to
re-license the work since it isn't actually a new, original work
(derivative). As you note, you cannot simply take a CC-license work,
and arbitrarily apply some new license to it.

I have to admit that I'm confused about where you are confused. In
what way do you believe the message of "copy and create derivatives"
is misleading? Can you provide examples? Creating a derivative work
implies copying it first; the two cannot be separated.

Best,

Nathan

2010/4/4 Eduardo Alberto Hernández Muñoz <coz.eduardo.hernandez AT gmail.com>:
> Seems asking a question about the CC licenses, always triggers saying
> 'talk to a lawyer', the problem being, that usually the questions are
> about understanding the license.
>
> For example, http://forum.creativecommons.org/topic/182 . It's like
> blind people leading blind people. Granted, I suppose I would be
> one-eyed in that conversation.
>
> It seems the CC licenses indeed make it easy for the artists to apply
> them to new work, and there's good work being done to promote this.
>
> But what when someone actually wants to reuse them? If you are going
> to reuse an exact copy, it seems easy enough... almost. The CC is
> promoted as being something you can just 'copy and create derivative
> works', but I believe that grouping these two together misleads people
> to think that the terms for copying and creating derivative works are
> the same, when they are not.
>
> For example, if I find a CC-BY image, I can't just sublicense the
> image under the CC-BY-SA. But, I could just change the image's format
> from .png to .jpg, and that restriction is removed.
>
> I was going to make a longer post, but seeing as how much spam the
> official forum has and how many unanswered questions there are, I
> don't want to be dissapointed when I get no reply.
>
> - Eduardo Hernandez
> _______________________________________________
> cc-devel mailing list
> cc-devel AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-devel
>




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