Anthony wrote:
On 9/13/07, Delirium <delirium(a)hackish.org>
wrote:
The short answer is that nobody knows. It depends
on whether an article
containing an image is a "derivative work" of the image. The FSF takes
the position that it is; the Creative Commons folk take the position
that it isn't; neither position has ever been tested in a court.
You must be misexplaining the question, because it's quite obvious
that an article containing an image is a "derivative work" of the
image. I seriously doubt the Creative Commons folk take the position
that it isn't.
IIRC, the Creative Commons folk take the position that publishing two
works alongside each other is merely aggregation and doesn't create a
derivative. I don't know if this is an Official Position, but it's the
consensus on their mailing lists, and I recall it coming up on this list
before (anyone have a better pointer?). It seems that they even think
that the case of synchronizing music to video is unclear enough to be
worth including specific license text about, despite that example being
much more entangled than publishing an image alongside an article is.
-Mark