cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Re: [cc-licenses] multiple licenses of same image

From: Peter Brink <peter.brink AT brinkdata.se>
To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
Subject: Re: [cc-licenses] multiple licenses of same image
Date: Mon, 15 Jan 2007 14:03:33 +0100

drew Roberts skrev:

On Sunday 14 January 2007 10:48 pm, Mike Linksvayer wrote:

On Sun, 2007-01-14 at 17:11 -0800, CM wrote:

Also, if users upload images, and I sell these images to others via
initially providing 'thumbnails' for buyers' review, is displaying
'thumbnails' considered a 'derivative work'?

I think that merely downsampling is considered transcoding, not
derivative, but IANAL.

And yet I seem to remember being told different the last time we spoke of whether a license to a low resolution image also automatically gave the license to the higher quality image from which it came. This after I had been told different the first time I brought up the issue.

Does anyone know which it is in fact?

A derivative work must be the result of a _creative act_ originating from a human being. If a machine down- or upsamples a work there is no creative act involved, it's a just a mechanical transformation. A "thumbnail" is therefore a copy and not a derivative work.

/Peter Brink

[cc-licenses] multiple licenses of same image, CM, 01/14/2007
- Re: [cc-licenses] multiple licenses of same image, Mike Linksvayer, 01/14/2007
  - Re: [cc-licenses] multiple licenses of same image, drew Roberts, 01/15/2007
    - Re: [cc-licenses] multiple licenses of same image, Peter Brink, 01/15/2007
      - Re: [cc-licenses] multiple licenses of same image, drew Roberts, 01/15/2007
        
        Re: [cc-licenses] multiple licenses of same image, Peter Brink, 01/15/2007
        
        Re: [cc-licenses] multiple licenses of same image, Peter Brink, 01/15/2007
        
        Re: [cc-licenses] multiple licenses of same image, drew Roberts, 01/15/2007
        
        Re: [cc-licenses] multiple licenses of same image, Mia Garlick, 01/15/2007
        
        Re: [cc-licenses] multiple licenses of same image, drew Roberts, 01/15/2007
        
        Re: [cc-licenses] multiple licenses of same image, Peter Brink, 01/15/2007
        Re: [cc-licenses] multiple licenses of same image, drew Roberts, 01/15/2007
        
        Re: [cc-licenses] multiple licenses of same image, Evan Prodromou, 01/15/2007
      - Re: [cc-licenses] multiple licenses of same image, Mike Linksvayer, 01/16/2007