Development of Creative Commons licenses

[Arne Babenhauserheide <arne_bab AT web.de>]

Am Montag, 16. April 2012, 10:09:42 schrieb drew Roberts:
> > 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.
>
> The above would solve the photographs case. The text would not have to be
> BY-SA but it would have to be Free. That is the level of protection I would
> like for my photos.

That depends on whether the text is actually a creative derivative of the
images.

Section 5 of the GPLv3 says:

“A compilation of a covered work with other separate and independent works,
which are not by their nature extensions of the covered work, and which are
not combined with it such as to form a larger program, in or on a volume of a
storage or distribution medium”

In the case of a book with photographs and text, this could be violated in two
ways:

(1) The text would be an extension of the photographs, for example by
describing them, or
(2) The book could be a combined creative work (depends on a court seeing the
name program apply to any kind work).

The second case would hit in any case where the photographs are not just
selected at random but selected to fit the text *and form a larger whole*.

So the only way to create an unfree book which uses your GPL photographs would
be to create a *bad* book. Like a documentation of Mauna Loa using random
images from Seattle and Berlin.

As soon as the theme of the images fits the text, it’s no mere aggregation
anymore and they have to adhere the copyleft.

Best wishes,
Arne
--
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