[okfn-discuss] Creative Commons NonCommercial and NoDerivativesDiscussion

Wed Dec 19 20:30:24 UTC 2012

Andrew is correct. There has been talk over the years of potentially
expanding the reach of the SA condition in CC-BY-SA to make
requirement of collections, but it isn't in any existing versions, and
looks like it isn't going to happen in 4.0, see
http://wiki.creativecommons.org/4.0/ShareAlike (if I had my way, it'd
be expanded, slightly, but ah well).

Of course it'd depend on how the images are used whether the enclosing
context constitutes an adaptation. I wouldn't expect to get far
arguing that if the images are merely placed alongside text. Consider
that a large proportion of images used in Wikipedia (under CC-BY-SA)
would have been incompatible with the text, previously under FDL, had
that been the case. Of course many image licensees aren't in
compliance with notice and attribution conditions, so there may be
room to agitate anyway if you wish. But IANAL, etc.

Mike

On Wed, Dec 19, 2012 at 2:11 AM, Michael Bauer <michael.bauer at okfn.org> wrote:
> 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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