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cc-licenses - Re: [cc-licenses] different license for different bitrate

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Subject: Development of Creative Commons licenses

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  • From: James Grimmelmann <james AT grimmelmann.net>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] different license for different bitrate
  • Date: Thu, 14 Dec 2006 10:18:02 -0500

wiki_tomos AT inter7.jp wrote:
Hi. I guess the photos in your examples are not the same work in the strict legal sense. That's because the higher resolution photo contains more details, some of which are your creative expression of some idea. It is sort of like a synopsis of a novel is not the same work as the novel itself.

I think that this is correct, but I would not swear to it without more investigation. I think Tomos is right that the critical fact is that the higher-resolution photo contains details that really are additional copyrightable expression. If the difference between the two version were so small as to not make the difference copyrightable, then anyone encountering version A might be free to use the license given out with version B. But because the originality threshold in copyright law is so low, bitrates of 128 and 256 kbps seem like they would be different enough.

This is not legal advice.

James




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