On 08/02/07, Andre Engels andreengels@gmail.com wrote:
2007/2/8, David Gerard dgerard@gmail.com:
On 08/02/07, Andre Engels andreengels@gmail.com wrote:
How does ND exclude and fair use not? What does fair use enable? If done
Define "derivative" for the purposes of "no derivatives." e.g. Resizing is a derivative. "ND" is deeply flawed.
That's your interpretation, not mine.
The text itself is tricky:
http://creativecommons.org/licenses/by-nc-nd/2.5/
"# No Derivative Works. You may not alter, transform, or build upon this work."
http://creativecommons.org/licenses/by-nc-nd/2.5/legalcode
b. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
(Is a resizing an abridgement? A condensation? Is it "any other form"?)
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
1. to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works; 2. to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Derivative Works. [...]
(2. appears to contradict the definition of derivatives. Is a resizing technically necessary?)
- d.