Development of Creative Commons licenses

[Arne Babenhauserheide <arne_bab AT web.de>]

Am Sonntag, 22. April 2012, 14:58:40 schrieb zotz AT 100jamz.com:
> > That depends on whether the text is actually a creative derivative of the
> > images.
>
> Well, in my proposed solution to this problem for 4.x BY-SA it would
> not depend on anything being a creative derivative of anything else. It
> would just depend on whether the "container" was a copyrighted work or
> not.

And that’s exactly the definition of a creative derivative: If it is creative,
it gets copyright protection. If not, not.

And only if it gets copyright protection, it can restrict the contained works.
And then the copyleft protetion of the GPL kicks in.

> > “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”
…
> > 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.
>
> But would that book get a copyright of its own?

I doubt that. In Germany we would say „Schöpfungshöhe nicht erreicht“.

That need not apply to the text, though. It would be possible to use unfree
text and put unrelated free images around it. But it would be very hard to
prove that these images are really unrelated to the text.

If I were a book creator I would not risk that legal uncertainty. It would
just need one lawyer who successfully sues you to put all my sales on hold -
and make me liable for commercial copyright infringement. You know what
penalties that brings nowadays…

Best wishes,
Arne

PS: I am no lawyer. All views expressed here are my understanding.
--
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