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Subject: Development of Creative Commons licenses

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  • From: Jen Gagne <jen AT>
  • To: cc-licenses AT
  • Subject: [cc-licenses] If a middleman gives or sells a "by" licensed image...
  • Date: Thu, 13 Sep 2007 12:19:18 -0400

Hoping someone can confirm this interpretation so I don't have to pay a lawyer. ;) Here's a hypothetical scenario to explain my later question. Assume the players are "OriginalArtist," "MiddlemanGuy," and "Client."

1) OriginalArtist releases a photo under a "Attribution (by)" license, without a sharealike requirement.

2) MiddlemanGuy comes along and takes a copy, making note of the licensing terms. He makes a few token changes so it's considered a derivative image.

3) MiddlemanGuy then tells to his Client: "This derivative image is based on an original by OriginalArtist, who released it under a CC-by license. Now that I've attributed it in the manner OriginalArtist specified, I can sell or give you royalty-free full rights to use it... assuming you don't want to go get the original image, of course."

3) Client would have the option to go get the original image, but instead decides to take MiddlemanGuy up on his offer and get the derivative image.

4) End result: Client now can do whatever he or she chooses to do with the image under the terms of the agreement with MiddlemanGuy -- the original CC license no longer applies and OriginalArtist need not be attributed. (???)

... So, am I interpreting this correctly? Is this a natural result of how this license is designed, since it isn't sharealike and it's a step removed?

Thanks for your advice!

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