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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: "Branko Collin" <collin AT xs4all.nl>
  • 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: Fri, 3 Dec 2004 14:53:23 +0100

On 2 Dec 2004, at 23:28, Raffaello Tesi wrote:
> 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.

I (who is NAL) don't think that is important. You tried to reproduce
the original, not merely to be 'inspired' by it. Just because you did
not wholly succeed, does not mean it is not a reproduction, and
therefore a derivation. Your template is not an independent creation.
Although we can argue whether it is technically a derivation, it
certainly is morally one. The law intended this to be called
derivation and an act of restricted copying.

Your desire may be to spare the original author (Neil Turner?) from
questions and comments by users, but that was not the authors
intention, or he would not have used a license that permitted the
creation of derivative works.

If I were you, I would say something like:

"Copyright 2004 Raffaello Tesi, based on original work copyright 2004
by Neil Turner."

"Please send any questions or comments about this template to
Raffaelo Tesi."

--
branko collin
collin AT xs4all.nl




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