[okfn-discuss] Creative Commons NonCommercial and NoDerivativesDiscussion

[Michael Bauer]

Andrew,

Are you sure this would not apply to collections? To my simple
understanding a collection of CC-By-SA would stil need to be by-sa...

The FAQ does not state this clearly but states: However, you still must
adhere to the license conditions governing your use of the original work. -
which would be by-sa.

Michael

On Wed, Dec 19, 2012 at 09:21:07AM -0000, Andrew Stott wrote:
> Michael
> 
> If the images are complete and unmodified, perhaps the Guide would be considered a "Collection"/"Collective Work" rather than a "Derivative Work"/"Adaptation", especially if the text is original content? - which case the SA obligation would not apply? (I could not find a clear example on this on the Creative Commons Wiki FAQ)
> 
> Of course the BY obligations would still apply to a Collection ....
> 
> Regards
> 
> Andrew
> 
> -----Original Message-----
> From: okfn-discuss-bounces at lists.okfn.org [mailto:okfn-discuss-bounces at lists.okfn.org] On Behalf Of Michael Bauer
> Sent: 18 December 2012 21:35
> To: Open Knowledge Foundation discussion list
> Subject: Re: [okfn-discuss] Creative Commons NonCommercial and NoDerivativesDiscussion
> 
> Everyone,
> 
> Actually there is a Case in Austria I didn't pursue so far (mainly because it's not my CC-By-SA content). 
> 
> I recently bought a Hiking Guide (released with traditional Copyright) It contains a series of images (actually most) from WikiPedia CC-By-SA. By consequence the Book must be an open license - it isn't.
> 
> I have yet to dig out the images affected and contact the license owners about this. Anyone want to join in?
> 
> Michael
> 
> On Tue, Dec 18, 2012 at 03:16:16PM +0000, Peter Murray-Rust wrote:
> > On Tue, Dec 18, 2012 at 12:39 PM, Miller, Andrew (ELS-OXF) < 
> > andrew.miller at elsevier.com> wrote:
> > 
> > > How would a private individual, perhaps without much money, 
> > > realistically ‘go after’ such transgressors?
> > >
> > >
> > >
> > Exactly this happened to me earlier this year. Springer-Verlag who are 
> > an STM publisher like Elsevier took images I had published as CC-BY, 
> > stamped "Copyright Springer" on them and offered them for sale at 60 USD per image.
> > 
> > I went straight to the web  and blogged this daily - exposing the 
> > scope of Springer's claim to material that they did not own. This 
> > included CC-BY images in Wikipedia. See 
> > http://blogs.ch.cam.ac.uk/pmr/2012/06/07/springergate-i-try-to-explain
> > -springerimages-and-my-continuing-concern/and
> > several blog posts previous. Springer retracted over a period of weeks 
> > and got a significant amount of publicity, including in Wikip(m)edia 
> > outlets.
> > 
> > I do not know how seriously Elsevier regard other people's copyright. 
> > I have been to Elsevier presentations where apparently third party 
> > copyright material has been shown, asked whether Elsevier had obtained 
> > permission and am yet to get a reply. If it happens to me I shall make 
> > it seriously public. I shall not divulge my subsequent strategy but I 
> > do not believe I will be powerless.
> > 
> > 
> > > **
> > >
> > >
> > --
> > Peter Murray-Rust
> > Reader in Molecular Informatics
> > Unilever Centre, Dep. Of Chemistry
> > University of Cambridge
> > CB2 1EW, UK
> > +44-1223-763069
> 
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> 
> 
> -- 
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