[Commons-l] Need Advice on Image Permissions

[Samuli Lintula]

On Mon, 20 Aug 2007 18:29:38 +0300, Benjamin Esham <bdesham at gmail.com>  
wrote:

> I have a question about the Creative Commons ShareAlike licenses.  (I
> thought I had become fairly knowledgeable about copyright since becoming
> involved in Wikipedia, but maybe not ;-))  Does the ShareAlike  
> requirement
> apply for *every* reuse of the image, or just for the creation of  
> derivative
> works?  I had always been under the impression that, for example, a  
> website
> using a CC-SA image would have to be CC-SA itself.  Is it the case that  
> the
> sharing alike would apply only to the image?

Luckily, CC licenses are very "clear" on this,  
http://creativecommons.org/licenses/by-sa/3.0/legalcode:

a. "Adaptation" means a work based upon the Work, or upon the Work and  
other pre-existing works, such as a translation, adaptation, derivative  
work, arrangement of music or other alterations of a literary or artistic  
work, or phonogram or performance and includes cinematographic adaptations  
or any other form in which the Work may be recast, transformed, or adapted  
including in any form recognizably derived from the original, except that  
a work that constitutes a Collection will not be considered an Adaptation  
for the purpose of this License. For the avoidance of doubt, where the  
Work is a musical work, performance or phonogram, the synchronization of  
the Work in timed-relation with a moving image ("synching") will be  
considered an Adaptation for the purpose of this License.

b. "Collection" means a collection of literary or artistic works, such as  
encyclopedias and anthologies, or performances, phonograms or broadcasts,  
or other works or subject matter other than works listed in Section 1(f)  
[this should probably be h, not f] below, which, by reason of the  
selection and arrangement of their contents, constitute intellectual  
creations, in which the Work is included in its entirety in unmodified  
form along with one or more other contributions, each constituting  
separate and independent works in themselves, which together are assembled  
into a collective whole. A work that constitutes a Collection will not be  
considered an Adaptation (as defined below) for the purposes of this  
License.

And then the section 4(b) includes the rules for ShareAlike, limiting  
ShareAlike only to adaptations, excluding collections.

I have been under the impression that the case which you present is a  
Collection. If that is not the case, I will rush to change my BY-SA  
licenses to just BY.

-- 
Ystävällisin terveisin,
Samuli Lintula