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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: drew Roberts <zotz AT 100jamz.com>
  • 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 13:36:40 -0500

On Thursday 14 December 2006 10:18 am, James Grimmelmann wrote:
> 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.

Stick with me for a second while I throw in this wrinkle then.

If we take this as correct that they are indeed different works under
copyright law, wouldwe then need a seperate registration for each if we
wanted to register our copyrights?

The answer seems obvious, but I am not one to take the obvious answer when it
comes to copyright issues.
>
> James

all the best,

drew
--
(da idea man)
National Novel Writing Month
Sayings (Winner 2006)
http://www.ourmedia.org/node/262954




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