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cc-licenses - Re: Copyright of derivative work released under a CC licence

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Subject: Development of Creative Commons licenses

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  • From: Thomas <thomas.margoni AT creativecommons.it>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: Copyright of derivative work released under a CC licence
  • Date: Thu, 02 Dec 2004 16:48:41 -0500

And what about the fact that both (the supposed original author and the supposed derivative author) recognize that the second work is a derivation of the first?

I mean, despite in reality it is or not, which is the value in this circumstance of a part's decalration?







Greg London wrote:

If you coded in a new language from scratch, using your own expression
to re-create the functionality of the original, then I think you can
rightfully claim to be the sole author.

If your work is really a >translation< from one language to another,
(if you took his code and did a simple one-for-one translation
to the new language) then I think it qualifies as a derivative.

I'm not as familiar with this stuff as others might be on the list.
Perhaps they can clarify if I'm anywhere near reality.

Greg


Raffaello Tesi said:

Greg London wrote:

If the code was redone from scratch, and it creates a webpage with a
similar layout and functionality of some proprietary code,

Yes, that's the situation. However, the original is released under a
CC-NC licence


You'll probably want to avoid an identical copy of the layout of
the website it generates, though. I forget exactly how that sort of
thing qualifies for any sort of artistic protection...

Yes, and as a matter of fact in no way I can provide exactly the same
characteristics due to the inner differences of the two programming
languages, so that not all the features are reproducible.

However, I want to stress out that the original author is fully aware
that I have made those modification and agrees on that, as well as on
the fact that I claim to be the author of the code (he is acknowledged
as being the original designer).

The main reason why I like to avoid to mention the original author as
the author of the derivative work is because the responsibility of the
code and its appearance is fully mine, and people should refer only to
me should they find problems or malfunctions.

Raffaello
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