Development of Creative Commons licenses

["Dana Powers" <dana.powers AT gmail.com>]

On 3/7/07, Pedro Beltrao <pedrobeltrao AT gmail.com> wrote:
> Hi,
>
> I have a simple question regarding derivative works. If a document
> containing text and images is licensed under a creative commons no
> derivatives license, can I use an image from the document in another
> document ?

Probably not under the terms of the license.  You are given permission
to "reproduce the work," which could reasonably be interpreted as
meaning the entire work.  As well, by creating a new document you
would probably enter into the realm of derivative works which is not
permitted.  Even if your new document were only a "collection," you
would still have to "include [the work] in its entirety in unmodified
form" (from cc-by-nd 3.0 unported).


> In particular imagine I want to promote a document in a blog post and
> I want to use one of the pictures in the document to illustrate some
> of points. Is this allowed ?

In this case there would probably be a fair use defense regardless of
what license is used.


> If this is not allowed then, how would the content provider have to
> set the licenses such that it would be legal ? Would they have to
> explicitly say that both the text and the images are provided in a
> creative commons no derivatives license ?

If there are specific promotional materials they could be licensed
separately.  Or you could just rely on fair use for promotional
quoting.


When in doubt, however, ask the licensor or ask your lawyer :)

Dana