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cc-licenses - Re: [cc-licenses] NoDerivs and Sharealike are not opposites; should be a ND-SA option

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Subject: Development of Creative Commons licenses

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  • From: Parker Higgins <parkerhiggins AT gmail.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] NoDerivs and Sharealike are not opposites; should be a ND-SA option
  • Date: Thu, 4 Apr 2013 11:54:15 -0700

Hi Heather,

By the current definitions, -ND and -SA are in fact mutually exclusive. If the collection you're describing isn't considered "adapted material," (and it almost definitely shouldn't be), then it doesn't trigger the Sharealike provisions. If it IS considered "adapted material," then the ND clause would prohibit it.

In other words, -SA applies to "adapted material," and -ND prohibits it, so the two clauses could never be used in tandem.

You could propose a more "viral" version of Sharealike that requires works in the same collection, for example, to be licensed under the same terms. Call it SA'. A BY-ND-SA' article like you describe could be used verbatim in a collection only so long as the other works in the collection were licensed similarly. (Ditto a BY-ND-SA' photo in an article, for example.) But by my read, that's not how the current Sharealike operates.

Thanks,
Parker


On Thu, Apr 4, 2013 at 10:07 AM, Heather Morrison <hgmorris AT sfu.ca> wrote:
The current license choosers force a choice between NoDerivs and Sharealike. These are not opposites, and there are occasions when it makes sense to include both elements. For example, if an article is published it might be reused as a whole work in a larger work (e.g. a chapter in a book), in which case the author might want both ND and SA.

Could this be addressed in the Version 4.0 license round? I'm not sure if this is a legal matter or a question of how the license chooser is set up.

best,

Heather Morrison
The Imaginary Journal of Poetic Economics
http://poeticeconomics.blogspot.com
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