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cc-licenses - [cc-licenses] seeking group comment and input

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Subject: Development of Creative Commons licenses

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  • From: "Dr. Augustine Fou" <acfou AT>
  • To: cc-licenses AT
  • Subject: [cc-licenses] seeking group comment and input
  • Date: Sun, 1 Jul 2007 23:34:42 -0400

regarding Creative Commons topics raised in this Flickr Forum thread (700+ posts in 3 days)

A few salient Creative Commons topics excerpted from the thread:

- since Flickr does not allow photo-specific CC version specification (just 1 of the 6 license-types, not version), how does a Flickr user specify a version they want to apply to a specific photo; how does a user prevent Flickr from automatically upgrading the CC version without their consent?

- whether PictureSandbox is a licensee of the photo in the case where the photo appears as a thumbnail in search results presented on the PictureSandbox website (which uses the Flickr API to return such results), even if just for a moment

- whether PictureSandbox overlaying a watermark in search results (which says (CC) image owner's name) constitutes a "derivative work" and therefore "use" of the photo

- whether PictureSandbox is the licensee in the case where a user uses the "phreetings" (photo + greeting) interface on the PictureSandbox website ( ) to create a phreeting and send it to a friend, or whether the user is the licensee of the photo

related: whether PictureSandbox's "phreetings" constitutes commercial use if the business is commercial but the phreetings feature carries no ads, does not drive traffic (since it is a private, person-to-person communication).

- whether PictureSandbox is responsible for policing the contents of a CC-licensed image to ensure it does not contain someone else's copyrighted work (i.e. someone stealing someone else's photo and uploading to Flickr, and applying a CC license to it)

- can PictureSandbox witness/notarize a Creative Commons license between image owner (the licensor) and the user (the Licensee) when the image owner is not made aware of this?

related: if PictureSandbox just witnesses the license between the licensor and licensee, is PictureSandbox a party to the license?

I look forward to input and help from this community. There are lots of open topics and questions that may have never been asked before.

thank you all in advance,
Augustine Fou
CEO, PictureSandbox

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