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

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Subject: Development of Creative Commons licenses

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  • 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




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