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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: Rob Myers <rob AT robmyers.org>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] multiple licenses of same image
  • Date: Tue, 16 Jan 2007 19:39:55 +0000

Mike Linksvayer wrote:
On Mon, 2007-01-15 at 14:03 +0100, Peter Brink wrote:
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.

There is no such thing as "upsampling" so this logic cannot apply to
versions of a work at higher resolution than offered.

One can add information to a work, eg colorizing a black and white film or removing jpeg artefacts from a digital image. But yes this isn't technically "upsampling".

In jurisdictions where Bridgeman vs. Corel isn't relevent (ie not the US or Germany [which seems to have decided similarly]), the threshold of originality (rather than "creativity") may be up for grabs. :-(

- Rob.




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