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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: "Dana Powers" <dana.powers AT gmail.com>
  • To: peter.brink AT brinkdata.se, "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 15:33:54 -0800

I'm not sure that is true. Almost everything is "mechanical" at some
level. Couldn't you argue that there is some creativity in the
selection of whether/how to modify, even if the modification process
itself is quite algorithmic.? I would think that interpolation
algorithms would be a prime candidate for this. Although I'm not up
to date on the creativity threshold applied by courts these days, I
had thought it was quite low.

dp

On 1/16/07, Peter Brink <peter.brink AT brinkdata.se> wrote:
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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