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cc-licenses - Re: [cc-licenses] Creative Commons & Copyleft question?

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Subject: Development of Creative Commons licenses

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  • From: rob AT robmyers.org
  • To: cc-licenses AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] Creative Commons & Copyleft question?
  • Date: Tue, 29 Aug 2006 10:25:53 +0100

Quoting drew Roberts <zotz AT 100jamz.com>:

I am not advocating one way or another on this in this post, but to put some
thoughts as to why people may think this, it may be related to how we make
including a BY-SA song in a movie cause the movie to be a derivative work of
the song when in fact it isn't? Thoughts? That is what the sync language does
isn't it? (I am going from memory here.)

This is what the sync language does, yes. I'm guessing it's done to match
people's expectations / social contract, like the way NC redefines file sharing
to be non-commercial, which it isn't under US law.

Most people would regard use of an image to illustrate an essay as a higher
degree of entanglement than mere aggregation, although it doesn't make the
essay a derivative of the image because the essay has been written without
reference to the image. The two will most likely be brought together only for
publication. But the published article feels like a derivative, and at the
desktop publishing level the file containing the typeset article might include
the data for the image or a link to the image that it will not print without,
which in fact might qualify as a derivative (I Am Not A Lawyer, This Is Not
Legal Advice).

The problem is that making a strong case for this in the name of copyleft would
serve copyright far more.

- Rob.





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