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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: Wed, 17 Jan 2007 00:23:31 +0100

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.

If you call it upsampling, downsampling or sidesampling or whatever doesn't matter. A "work" must be the result of a creative act - the same goes for derivative works. A mechanical transformation is in itself not a creative act, the result of such a transformation is a copy and not a derivative work. If I scan a picture and make two versions available, one in low resolution and one in high resolution, those two images are _copies_ of the _same work_.

/Peter Brink




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