On Mon, Apr 7, 2008 at 9:25 PM, Andrew Whitworth <wknight8111(a)gmail.com> wrote:
On Mon, Apr 7, 2008 at 9:13 PM, Anthony
<wikimail(a)inbox.org> wrote:
On Mon, Apr 7, 2008 at 9:06 PM, Andrew Whitworth
<wknight8111(a)gmail.com> wrote:
On Mon, Apr 7, 2008 at 8:49 PM, Anthony
<wikimail(a)inbox.org> wrote:
Being an "aggregation" under the GFDL
does not preclude being a
"derivative work", so far as I can tell. Do you disagree with this?
Yes, I do disagree with this.
Which is this? [[Image:Jimbo_and_friends.png]] What part of the
definition of the other does it fail?
I'm not a lawyer, I've read through the GFDL and have formed a general
understanding of it. If I had to guess about the specific image you
are referencing, I would probably guess that it could be a derivative
because the cartoon characters can probably be considered "parody",
and can therefore be included as fair use. Barring that, I have no
idea and won't venture to speculate on it any further.
Well, it's pretty assuredly a derivative work - in fact it's currently
used as Wikipedia's example of what a derivative work is. And believe
it or not, all those characters are either GFDL or public domain.
Anyway, I think I figured out the answer to my own question. It's a
derivative work, and it's not an "Aggregation", because it fails the
"separate" test.
OTOH, that gives me an idea of an image which clearly passes the
"derivative work" test and probably also passes the "Aggregation"
test:
http://en.wikipedia.org/wiki/Image:WikimediaMosaicCapture.png
A rare case, but only because I wanted the answer to the "derivative
work" test to be so obvious.