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cc-licenses - Re: [cc-licenses] Clarification for Non-Derivative License: grayscale from color not a derivative work

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Subject: Development of Creative Commons licenses

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  • From: Anthony <osm AT inbox.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Clarification for Non-Derivative License: grayscale from color not a derivative work
  • Date: Mon, 2 Jan 2012 16:37:09 -0500

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.




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