Development of Creative Commons licenses

[David Chart <bydosa AT davidchart.com>]

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/