[Foundation-l] Clearing up Wikimedia's media licensing policies

David Gerard dgerard at gmail.com
Thu Feb 8 13:22:30 UTC 2007

On 08/02/07, Andre Engels <andreengels at gmail.com> wrote:
> 2007/2/8, David Gerard <dgerard at gmail.com>:
> > On 08/02/07, Andre Engels <andreengels at 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:


"#  No Derivative Works. You may not alter, transform, or build upon this work."


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.

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