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cc-licenses - Re: Extra restrictions on derivative works

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Subject: Development of Creative Commons licenses

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  • From: Mike Linksvayer <ml AT creativecommons.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Extra restrictions on derivative works
  • Date: Mon, 09 Feb 2004 09:31:26 -0800

email AT greglondon.com wrote:
I don't know if there is a "compile" equivalent with music
or artwork or movies. If there is NOT, then you could have
a NoDerivatives on a photo, but someone could include that
in a coffee-table book of other photos. Songs could be placed
verbatim on a CD collection. This is usually called "aggregating",
putting a bunch of works in one location, but the act of doing so does not qualify as >creating a derived work< of the individual
pieces.

Aggregation is known as a collective work in the CC licenses.

The open source initiative allows for NoDerivative licenses
as long as the license allows for "patch files" to be included
with the original work. You take the original unmodified work
and a patch file that says "replace line 159 with this 'blah blah'"
and run both of them through a program that creates a derived work.

It may be tough to word this in a music or art license, but
NoDerivedWork licenses that allow some kind of "patch" file
should be OK. I just don't know if it is possible to create
such a license.

I don't know about what licenses permit, but for some media and to a limited extent it's pretty easy to create a "patch" file. For example, SMIL which contains directives to play certain portions of a work overlayed/interspersed with other works -- there is never any distribution of modified originals. I imagine that such client-side remixing can go _much_ further. Making a work available at all, to an extent, makes it "patchable". I have no idea what the legal implications are.

--
Mike Linksvayer
http://creativecommons.org/learn/aboutus/people#21





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