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cc-licenses - Re: [cc-licenses] "commercial" use of Att/Share-alike materials

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Subject: Development of Creative Commons licenses

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  • From: Douglas Mills <dmills AT uiuc.edu>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] "commercial" use of Att/Share-alike materials
  • Date: Thu, 20 Oct 2005 16:42:02 -0500

I was understanding that as the Work is a Derivative and so needs to be licensed the same.  I'm still processing the other part of Wrye's message:

It seems that your movie will be a derivative work,
and thus, not only must you allow people to create
derivative works, but also you must release it under
the 2.5 by-sa license. (I.e., you're not just
physically including the license on the DVD, but
you're actually releasing the DVD *under* the 2.5
by-sa license.) One of things that this implies is
that anyone who receives your DVDs can themselves make
and sell copies of them for their own profit. Of
course, if you're basically just recouping your
copying and distribution costs, then this shouldn't be
a problem in practice.

Does this assume that the only thing on the DVD is the movie using by-sa content?  In my mind, the movie is the "work" and can be used according to that license, but if I have other works on the DVD (other movies perhaps with no music or original music), are they all subject to the same license?  In other words, is Wrye correct in saying that the DVD itself is "the work" or is the video that contains the music and which makes up part of the DVD "the work"?    I'm not trying to be  uncooperative -- just trying to understand.

Doug

Douglas Mills <dmills AT uiuc.edu>
Computer Assisted Instruction Specialist
CITES Educational Technologies
University of Illinois, Urbana-Champaign




On Oct 20, 2005, at 4:29 PM, Hannes wrote:

That sounds a bit strange to me. It's like saying that by using a by-sa 
licensed image in a book or webpage, the book or webpage itself would 
also need to be licensed under by-sa.

Regarding this sentence from the by-sa 2.5 legal code:

"For the avoidance of doubt, where the
Work is a musical composition or sound recording, the
synchronization of the Work in timed-relation with a
moving image ("synching") will be considered a
Derivative Work for the purpose of this License."

I can interpret that as: "If you alter the Work in any way to make it 
synchronized with a moving image, the altered Work will be considered a 
Derivative Work." I don't feel that sentence is very clear whatever its 
intention is. Isn't "the synchronization of the Work" a process? How can 
a process be considered a work at all?

Hannes


Evan Prodromou wrote:


On Tue, 2005-18-10 at 13:49 -0700, Wrye Modder wrote:


Movie as a derivative work (from section 1b of 2.5
by-sa license): "For the avoidance of doubt, where the
Work is a musical composition or sound recording, the
synchronization of the Work in timed-relation with a
moving image ("synching") will be considered a
Derivative Work for the purpose of this License."

IANAL, and I'm new to the list, so perhaps someone
will correct me, but that seems pretty clear from the
license text.




Seems pretty clear to me, too.

~Evan


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