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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: Wrye Modder <wrye_modder AT yahoo.com>
  • 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: Sat, 22 Oct 2005 09:36:12 -0700 (PDT)

> 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"

I'm a bit confused by this... I agree that a by-sa photo used in a book would
demand that the book be issued under a by-sa license, but for the opposite
reason than cited above -- because the book is a derivative work -- i.e., NOT
just a collection.

You might note the CC cartoon in which someone wants to use a photo in a
collage -- in that case, the collage is considered a derivative work. Or just
relying on the text of the license, if the photo is used to illustrate and/or
clarify the text, then the text is no longer independent of the photo, and so
the combination is not collective.

Anyway, if the usage were collective, not derivative, then it's usage would
NOT require that the book be released under the by-sa license.

..Wrye

Wrye Morrowind: http://home.earthlink.net/~wrye_modder/morrowind.html




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