Development of Creative Commons licenses

[Melissa Cotano <melcotano AT yahoo.com>]

Hi,

I am interested in using CC-BY-licensed Works in some
of my software projects (jigsaw puzzles, screensavers,
flash movies and ecards.) I have the following
questions with respect to Attribution 2.0 and would
appreciate any clarification:

1) Would a software application using multiple
CC-BY-licensed Works be considered a Derivative Work
or a Collective Work (as a practical example, I am
considering creating an animated slide show
screensaver using CC-BY-licensed images with text
flowing over the images)?  


Section 4.a states: "You may not offer or impose any
terms on the Work that alter or restrict the terms of
this License or the recipients' exercise of the rights
granted hereunder. You may not sublicense the Work."

2) Does this prevent the Work to be included in a
software application that has its own End-User License
Agreement or does this prevent the Work to be included
on a web site that has its own Terms of Service?


Section 4.a states: "You may not distribute, publicly
display, publicly perform, or publicly digitally
perform the Work with any technological measures that
control access or use of the Work in a manner
inconsistent with the terms of this License
Agreement."

3) What is "control access or use of the Work"?
4) Can the Work be included in a Flash movie for
example?
5) Can the Work be included in a software application
that expires after a period of time unless a
registration code is purchased?
6) Can the Work be included on a DVD?
7) Can the Work be included in a software application
that encrypts its own content? (some screensaver
generators do that for example to avoid media
extraction)
8) If #7 is not acceptable, can I still use my
screensaver generator that encrypts content but also
made the CC-BY-licensed Work available as a separate
non-encrypted download?


Section 4.a states: "If You create a Derivative Work,
upon notice from any Licensor You must, to the extent
practicable, remove from the Derivative Work any
reference to such Licensor or the Original Author, as
requested."

9) If such a notice is issued by the Licensor, can the
Work still be used as part of the Derivative Work?


Section 4.b states: "Such credit may be implemented in
any reasonable manner; provided, however, that in the
case of a Derivative Work or Collective Work, at a
minimum such credit will appear where any other
comparable authorship credit appears and in a manner
at least as prominent as such other comparable
authorship credit."

10) For a software application, is the about box the
best place to give the credits?
11) If the software application includes many Works
(say over 10), can the about box simply contain
something like this:
Jigsaw Puzzle 2.0 (c) 2005 the company
Media credits: thecompany.com/credits
(The page thecompany.com/credits would give credits
for each CC-BY-licensed Work)


12) Can you point to some existing software
applications making use of media released under a CC
license?


Many thanks.

Melissa Cotano


                
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