Development of Creative Commons licenses

[Peter Brink <peter.brink AT brinkdata.se>]

Chris Lott skrev:
> On 10/21/05, drew Roberts <zotz AT 100jamz.com> wrote:
>
>> Now, I thin I have found a better question for you. Does the use of
>> photos or illustrations which have a by-sa license require that a
>> book they are used in be released with the same license. If not,
>> why are movies treated specially?
>
>
> It seems pretty "clear" to me that use of by-sa photos in a book mean
> that book must be released with the same license. This seems the very
> definition of a collective work in 1a of the license: "a work, such as
> a periodical issue, anthology or encyclopedia, in which the Work in
> its entirety in unmodified form, along with a number of other
> contributions, constituting separate and independent works in
> themselves, are assembled into a collective whole"
>

Nope, quite the opposite, a collection of works (the text and the photos 
are separate works) need not use the same license elements, or indeed be 
licensed under any kind of license at all. In 4.a we find that "[y]ou 
may distribute, publicly display, publicly perform, or publicly 
digitally perform the Work only under the terms of this License..." but 
also that "[t]he above applies to the Work as incorporated in a 
Collective Work, but this does not require the Collective Work apart 
from the Work itself to be made subject to the terms of this License."

/Peter Brink