Re: [cc-community] Does BY-SA extend to a newspaper? On Monday 23 April 2007 09:23 am, rob@robmyers.org wrote:
> Quoting drew Roberts :
> > For all of this contains, mere aggregation, use and the like, what is
> > wrong with the concept I put forth which is "if a copyright arises" -
> > that is, copyright law may already have the answer. If the work under the
> > CC SA license is used in a work where a new copyright comes into being,
> > that is what we should concern ourselves with. If no new copyright comes
> > into existence, it is not a problem.
> >
> > Is this not a reasonable way to look at it? Strenghts? Weaknesses?
>
> I think that is how it currently works. A derivative work is a work
> that would attract its own copyright. So having derivation as the
> copyleft trigger fits copyright law perfectly.

Ah, nope, I don't think that fully covers the situation. While a derivative 
work is a work that would attract its own copyright, it is not the only works 
that might incorporate or contain a BY-SA work and not be a derivative.

Have you missed the talk on collections? (Collective works or whatever the 
correct terminology is.)

A collective work canget a copyright on the collection. Right? Wrong?

Is a newspaper on the whole copyrighted? Or only the individual articles? Is a 
magazine copyrighted?

The problem is that we only seek to control derivatives and we could also 
control copying and distribution where needed.

Or am I totally off base.
>
> There seem to be two major cases where this does not fit people's
> expectations: the use of a piece of music in a film soundtrack and the
> use of a photograph as a magazine illustration. The former has been
> worked into the CC licenses as a special case where copyleft is
> triggered by something other than derivation, the latter has not.
>
> So I don't think that we can say that the licenses should only concern
> themselves with how copyright law works; there are already examples of
> where they do not do this (NC is another).

I agree with that, but if we can do it using copyright law itself, might not 
that be better? Looking at this last paragraph, I think you might not fully 
get what  Iam trying to say.
>
> - Rob.

all the best,

drew

-- 
(da idea man)
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