Development of Creative Commons licenses

[Anthony <osm AT inbox.org>]

On Mon, Jan 2, 2012 at 4:32 PM, Anthony <osm AT inbox.org> wrote:
> On Sun, Jan 1, 2012 at 5:30 PM, jonathon <jonathon.blake AT gmail.com> wrote:
>> As best as I understand current US law, colourization of an image is a
>> derivative, that can only be done with the explicit permission of the
>> content creator.
>
> The question is whether or not CC-ND's explicit grant of permission
> "to make such modifications as are technically necessary to exercise
> the rights in other media and formats" is a grant of such explicit
> permission.

Err, actually the question is regard to the reverse of colorization,
which on top of being more like to fall under that grant of
permission, is less likely to be considered a derivative work (if a
standard algorithm is used, it seems to me there would be no added
creativity, therefore it would be a copy, not a derivative work).

That said, you need explicit permission to make a copy too.
Preparation of a derivative work always involves copying, at least
under US law.