[Foundation-l] Let's switch to CC-BY-SA

[Delirium]

Anthony wrote:
> On 9/13/07, Delirium <delirium at hackish.org> wrote:
>   
>> The short answer is that nobody knows. It depends on whether an article
>> containing an image is a "derivative work" of the image. The FSF takes
>> the position that it is; the Creative Commons folk take the position
>> that it isn't; neither position has ever been tested in a court.
>>
>>     
> You must be misexplaining the question, because it's quite obvious
> that an article containing an image is a "derivative work" of the
> image.  I seriously doubt the Creative Commons folk take the position
> that it isn't.
>   

IIRC, the Creative Commons folk take the position that publishing two 
works alongside each other is merely aggregation and doesn't create a 
derivative. I don't know if this is an Official Position, but it's the 
consensus on their mailing lists, and I recall it coming up on this list 
before (anyone have a better pointer?). It seems that they even think 
that the case of synchronizing music to video is unclear enough to be 
worth including specific license text about, despite that example being 
much more entangled than publishing an image alongside an article is.

-Mark