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Subject: Development of Creative Commons licenses

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  • From: David Chart <bydosa AT davidchart.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: [cc-licenses] Aggregation and Stronger SA
  • Date: Sat, 14 Apr 2012 13:40:18 +0900


On 2012/04/12, at 7:23, <zotz AT 100jamz.com> <zotz AT 100jamz.com> wrote:

> Stronger Attribution-Share Alike For Photos & Illustrations
> http://zotzbro.blogspot.com/2011/04/strongerbysaforphotos.html

It's not really about photographs and illustrations, is it. It's about rights
in aggregations.

I think I see your point.

Let's take the CD example first.

http://zotzbro.blogspot.com/2012/01/ontheneedforastrongercopyleftforby-sa4x.html

This does seem to be a problem.

Let me take a first stab at this one.

Proposal

Section 1 - Definitions

Aggregation means assembling the Licensed Work and one or more separate works
into a collective whole. An Aggregation is not an Adaptation. An Aggregation
may include works that are not licensed under this Public License, but you
may not Share an Aggregation unless you have a license to Share each of its
component works.

Aggregation Pattern means the selection, arrangement, and presentation of
works in an Aggregation, excluding the works themselves.

Section 3 - Conditions (ShareAlike)

If you Share an Aggregation, you must release the Aggregation Pattern under
the terms of one of the following:

(same terms as the current Adaptations clause)

Commentary

This blocks the CD case. The CD contains nothing but the BY-SA works, and
their selection and arrangement is the Aggregation Pattern, and thus licensed
as BY-SA.

If I put ARR photographs with BY-SA text, then if someone pulls the
photographs out, they can distribute the text.

In general, this means that anyone who has the right to distribute all of the
component works of an Aggregation that includes at least one BY-SA work also
has the right to distribute the Aggregation as a whole, and to make
Adaptations of the Aggregation. This strikes me as fundamentally the right
level of copyleft for aggregations.

This does *not* solve the photographs case. I can put BY-SA photographs with
ARR text, and the ARR text does not become BY-SA. I can't protect the layout
of my book, but people do have to strip the text out if they want to
distribute it. However, my initial feeling is that this is the right answer.
If the text is not an Adaptation of the images, publishing it with the images
should not pull it into the copyleft clause. If the text *is* an Adaptation
of the images, then this is already covered by the license, so there is no
problem.

In any case, I suggest this as a way to make the 4.0 copyleft a bit stronger.

--
David Chart
http://www.davidchart.com/





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