Development of Creative Commons licenses

[Sarah Pearson <sarah AT creativecommons.org>]

The way the licenses currently work, the question of what constitutes a derivative/adaptation is determined by reference to local law. This is the case for purposes of BY-SA and BY-ND. Currently, the only exception is for synching, which is explicitly deemed an adaptation for purposes of the license. 

In other words, the determination of whether colorization (or the reverse) is allowed for a BY-ND work has to be answered by reference to applicable law. Different jurisdictions have different standards for copyrightability, so the answer likely varies depending on where the work is being used. 

Of course, we can always discuss the merits of carving out a new exception as we have done for synching. Just wanted to add that clarification. 

best,
Sarah 

Sarah Hinchliff Pearson, Senior Counsel

Creative Commons
444 Castro Street, Suite 900
Mountain View, California 94041
phone: +1 650-294-4732 (ext. 493) 
skype: sarah-h-pearson
email: sarah AT creativecommons.org

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On Wed, Jan 4, 2012 at 12:11 PM, Gregor Hagedorn <g.m.hagedorn AT gmail.com> wrote:

> 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).

I fully agree on the less likely, and I believe a clarification statement in the license would not be a change of license. My request to make this explicit is not meant to deal with an intricate legal situation but to avoid the of discussions whether it is or is not allowed.

Gregor

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