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Subject: Development of Creative Commons licenses

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  • From: Terry Hancock <hancock AT anansispaceworks.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] "mere aggregation"
  • Date: Tue, 17 Oct 2006 19:17:52 -0500

This question was spurred partly from a question in the NC thread, but mostly because I'm dealing with it on a project I'm working on.

I'm creating a set of illustrations to go along with an article. Due to the nature of the blogging software, it's desireable to minimize the number of images. I often do this by using multiple images in one, or "insets". In my current project, some of the "insets" are copyrighted works whose use in my case is (IMHO anyway) "fair use" (they're images from movies which I am comparing to each other and to certain questions of archetypes in fiction and how they relate to certain philosophical ideas -- so they're valid "quotations for review purposes"). However, the big image in some cases is a CC-By-SA work (actually they may be all CC-By, I haven't checked through them all yet -- but it's possible).

Does the act of combining the images in this way constitute a violation of the copyleft? I understand that including images in a document is considered "mere aggregation" and so not affected by copyleft, and in my own mind, I'm still doing this (they're conceptually separate pictures, even though they are in a single JPG file).

Does it make a difference whether the images overlap (as in an inset) or are merely beside each other (an array)?

Just for reference, here's an existing example of what I mean by an "array":

http://www.freesoftwaremagazine.com/files/nodes/1713/kusanagi_which_real.jpg

and here of "insets":

http://www.freesoftwaremagazine.com/files/nodes/1366/fig_tucson2000.jpg

It seems like an interesting use case. I dislike the idea of having to separate the material based on license/fair use, rather than for stylistic reasons, but of course, it is possible.

Opinions?

Cheers,
Terry

--
Terry Hancock (hancock AT AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com






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