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Subject: Development of Creative Commons licenses

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[cc-licenses] Photo alongside text: collective or derivative

From: Henri Sivonen <hsivonen AT iki.fi>
To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
Subject: [cc-licenses] Photo alongside text: collective or derivative
Date: Wed, 5 Jul 2006 13:23:13 +0300

Suppose a photo (or another image) is licensed under CC-by-sa 2.5. Then suppose the photo is reproduced as an illustration next to text (either on a Web page or on a printed page) so that the image is neither modified (except scaled and subjected to whatever color reproduction technology happens to be at hand) nor partially covered in any way. That is, the photo can be saved intact from a Web page or scanned intact (except for technical degradation) from a printed page. The text refers to the image, so they aren't totally unrelated.

In that case, do the text and the photo form a Collective Work (and the text does not need to be licensed under CC-by-sa 2.5) or do they form a Derivative Work (and the text has to be under CC-by-sa 2.5)?

--
Henri Sivonen
hsivonen AT iki.fi
http://hsivonen.iki.fi/

[cc-licenses] Photo alongside text: collective or derivative, Henri Sivonen, 07/05/2006
- Re: [cc-licenses] Photo alongside text: collective or derivative, Peter Brink, 07/05/2006
  - Re: [cc-licenses] Photo alongside text: collective or derivative, Henri Sivonen, 07/13/2006
    - Re: [cc-licenses] Photo alongside text: collective or derivative, Terry Hancock, 07/13/2006
      - Re: [cc-licenses] Photo alongside text: collective or derivative, Peter Brink, 07/13/2006
- Re: [cc-licenses] Photo alongside text: collective or derivative, Terry Hancock, 07/05/2006