Development of Creative Commons licenses

[Sarah Pearson <sarah AT creativecommons.org>]

On Sun, Aug 3, 2014 at 3:49 PM, Engel Nyst <engel.nyst AT gmail.com> wrote:

Does this provision "survive" the licensing of an adaptation under FAL?

No, because of section 2(a)(5)(B) of BY-SA 4.0, which says:

"Every recipient of Adapted Material from You automatically receives an offer from the Licensor to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter’s License You apply."

When someone applies the FAL to an adaptation of a BY-SA work, technically both the FAL and BY-SA apply to the full adaptation because both the adapter and the original author have rights in the work. However, because of the BY-SA 4.0 provision cited above, downstream users of the adaptation are able to satisfy their obligations under both licenses by looking only at the conditions in the FAL. As you point out, the FAL does not have an attribution removal clause like BY-SA does.  

[Note: the non-ShareAlike 4.0 licenses such as CC BY do not have this provision. In those cases, the attribution removal clause (and all of the attribution requirements) would "follow" the adaptation regardless of what license was applied to it.]