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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 13:48:13 -0500

drew Roberts wrote:
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?

I do not know.

James




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