cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

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: Sun, 23 Oct 2005 19:59:46 +0200

Evan Prodromou skrev:

On Sun, 2005-23-10 at 12:14 +0200, Peter Brink wrote:

If a work reuses expressions from another work that are not in themselves works then the result is _not_ a derivative work.

I'm pretty sure that's not true, at least for US law. If you take
characters, motifs, themes, extended quotes (beyond fair use), or other
parts of a Work and use them to create a new work, that new work is a
Derivative Work.

To be able to be the origin of a derivative work an expression must be a copyrightable expression in it's own right, otherwise the transformer wouldn't be (re)using a copyrightable work. Characters, motifs, themes and the like shouldn't be able to get copyright protection, but with a US court you may never know...

/Peter Brink

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