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Subject: Development of Creative Commons licenses

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

From: Peter Brink <peter.brink AT brinkdata.se>
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 23:22:55 +0200

Wrye Modder skrev:

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.

No, book containing a photo is _not_ a derivative work based on the photo.

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.

The text _is_ independent of the photo. Being inspired by another work is not the same as creating a derivative work...

/Peter Brink

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