Development of Creative Commons licenses

[<zotz AT 100jamz.com>]

On Sat, 21 Apr 2012 19:03:28 +0200, Arne Babenhauserheide
<arne_bab AT web.de> wrote:
> 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.

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. If the "container" is a copyrighted work, then all "contained"
works that are copyrighted would have to have a Free license. If the
"container was not a copyright protected "thing" then it could contain
Free and non-Free works. 


> 
> 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.

But would that book get a copyright of its own? 
> 
> 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

all the best,

drew