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

Anthony wikilegal at inbox.org
Wed May 9 20:48:52 UTC 2007

On 5/9/07, Andre Engels <andreengels at gmail.com> wrote:
> 2007/5/9, Erik Moeller <erik at wikimedia.org>:
> > "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).
> I'd say the effect is very far-reaching - it means that if you
> incorporate a GFDL image in a work, you should put the whole resulting
> work under the GFDL. And since the original work can easily be created
> as a derivative of the resulting GFDL work (by removal of the image),
> in effect the original work has been made GFDL too.

Yes, I don't think there's any other way to read what is written.  One
more reason not to use the GFDL for images.  But...

> What's more, it
> also means that it is not allowed to put CC-BY-SA images in Wikipedia,
> so they will have to go too.
http://www.fsf.org/blogs/licensing/2007-05-08-fdl-scope does *not*
actually say that, nor does it say anything which implies that.  It
says, essentially, that you can't use a GFDLed image in a non GFDLed
article, but it doesn't say that you can't use a non-GFDLed image in a
GFDLed article.  Allegedly (according to Jimbo a few years ago)
Stallman had explicitly stated that it is *OK* to use a "fair use"
image in a GFDLed text, and if a non-free image is OK, surely a
CC-BY-SA one is.

CC-BY-SA has different terms than the GFDL regarding collections.  You
can read the CC-BY-SA definition of "collection" at


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