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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: Terry Hancock <hancock AT anansispaceworks.com>
  • 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, 31 Jan 2007 15:32:09 -0600

Peter Brink wrote:
> We could have both of course. Btw, the scope of the concept “work”
> varies depending on who the creator is. An author can create derivative
> works and independent works based on his own original work more easily
> than another person could. I.e. the difference btw the original and the
> new work need not be as much when it’s the author of the original that
> has created the new work.

That's an intriguing claim. What's the basis of it? Precedent? Why does
the author of the original work have a lower barrier of originality to
create a "new work"?

What happens when the original has "no legal author" (i.e. public domain).

Many US entities (e.g. Disney) seem to believe that PD works have a
lower standard of originality for producing "new work". For example,
many traditional tales have been somewhat compromised by the possibility
of their including the slightest influence from the Disney variants of
those originals.

But of course, Disney's claim is that they have *full* rights in their
derivatives of PD works (i.e. their variants do not fall under PD terms
simply because they are derived from PD originals).

Are they right? And is the basis for this related to your claim about an
"original author" having lower standards of originality than a new author?

Cheers,
Terry


--
Terry Hancock (hancock AT AnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpaceworks.com





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