Development of Creative Commons licenses

[Peter Brink <peter.brink AT brinkdata.se>]

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