Development of Creative Commons licenses

[drew Roberts <zotz AT 100jamz.com>]

On Monday 15 January 2007 08:03 am, Peter Brink wrote:
> 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.

Fine. A clear answer. Thanks. Now may I ask my original question that 
concerned me in this area again?

I was trying to license 640X480 images BY-SA and sell higher resolution 
versions with the promise that as I reached $X in sales, the higher 
resolution one would change to BY-SA as well. And so on.

The point was made that this would not really work for me. Someone could get 
the low resolution version. Buy one copy of the high resolution version. 
"Apply" the BY-SA from the low resolution copy of the work to the high 
resolution version they had purchased under a different license and go to 
town.

That made some sense to me and I stopped pushing my plans.

Some time later, I took part in discussion that concluded the opposite. I 
think Magnatune was brought up as an example in that thread.

Can you explain your take on how this all works?
>
> /Peter Brink

all the best,

drew

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