[WikiEN-l] When Creative Commons Attribution-NoDerivs 2.5 license makes sense

[KWH]

It seems to me that if the new work does not "transform" or combine
the CC-ND work with other creative material, then it is not a
derivative, but a redistribution, which is allowed by the license. The
license can make its definition of derivative a subset of the
copyright code definition, but it can't expand it to include things
which would normally be defined as redistribution.

I don't think it intends to because although the derivative work
definition includes "...any other form in which the Work may be
recast, transformed, or adapted...", a latter bit of the license
allows that the "...above rights may be exercised in all media and
formats whether now known or hereafter devised.", therefore it does
not intend to disclaim non-creative transformations. I would say that
a resize would always be allowed, a cropping might be subject to
interpretation depending on whether it was a "creative" cropping.

I think a decent "acid test" for derivative is whether, if the given
transformation were applied to an already public domain work, it would
merit a new copyright protection for the new work created.

[[User:Kwh]]

On 3/14/06, Fastfission <fastfission at gmail.com> wrote:
> The definition of "derivative" in the license seems to refer to only
> very "large" derivatives ( i.e., translating it into another language)
> rather than small modifications. But I agree that the notion of a
> derivative work is vague enough to make me uncomfortable. For example,
> syncing music to a moving image is explicitly a "derivative work" in
> this instance, which seems to imply that you can't use a no-deriv work
> as part of another work, which would seem to rule out the idea of
> taking an image from Wikipedia and using it practically anywhere else.
>
>
> http://creativecommons.org/licenses/by-nd/2.5/legalcode :
>
> "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.
>
> FF
> On 3/14/06, Justin Cormack < justin at specialbusservice.com > wrote:
> >
> > On 14 Mar 2006, at 10:21, guru brahma wrote:
> >
> > > Sometime back, there was a discussion about the unusual license of
> > > http://www.panopedia.org/index.php/Panopedia. Within the context of
> > > Wikipedia, I was wondering if this license makes any sense at all.
> > > I think there are some instances where this MAY make sense. For
> > > example, images tagged as GFDL-self could be tagged this way. If I
> > > make an image, that is, take a photograph of a leader or an actor I
> > > adore and do not want it to be photoshopped into some unknown
> > > monstrosity, I would be more comfortable in using Creative Commons
> > > Attribution-NoDerivs 2.5 license. The same would apply to personal
> > > images that I upload on to my userpage. The last thing I want to
> > > see in my image my moustache disappear or a beard appear ;). Any
> > > thoughts which other areas this admittedly over-restrictive license
> > > can be used if at all allowed on wikipedia?
> >
> > Its not clear that you could even resize a CC-ND image under the
> > license...
> >
> > Most countries have other means of protection if someone uses an
> > image of you for
> > things that are problematic, regardless of copyright.
> >
> > Justinc
> >
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