[Foundation-l] Fwd: [cc-licenses] The FSF On FDL Derivatives

[Erik Moeller]

FYI

---------- Forwarded message ----------
From: rob at robmyers.org <rob at robmyers.org>
Date: May 9, 2007 1:34 PM
Subject: [cc-licenses] The FSF On FDL Derivatives
To: cc-licenses at lists.ibiblio.org


(I'm posting this here because of the recent debate about photography.)

The FSF have blogged about their interpretation of the scope of the FDL:

http://www.fsf.org/blogs/licensing/2007-05-08-fdl-scope

They support the position that Ben Mako Hill described, where use of
an image to illustrate a text creates a derivative. It's well worth a
read.

I was particularly interested by this statement:

"In cases like these where the materials complement each other, we
believe that the end result is a derivative work."

This contains two useful distinctions. The materials have been chosen
to complement each other to form a unit of presumably increased value
or greater use rather than just being aggregated. And *the end result*
is the derivative work, not the text or the photo, so legal causality
isn't broken.

What I am curious about is what exactly this "end result" is
(collective work, new multimedia work, or ...?) and how far-reaching
this effect is (particularly with regard to e.g. contextual
advertising).

- Rob.

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-- 
Peace & Love,
Erik

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