List Info

Thread: Re: Does BY-SA extend to a newspaper?




Re: Does BY-SA extend to a newspaper?
user name
2007-04-23 14:29:19
drew Roberts wrote:

> 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?

I think so but people don't seem to always assert it. Does
the work get 
this automatically? How does it interact with the underlying
copyright?

I can see the case that the collective work couldn't exist
without the 
underlying CC-licensed work so the condition for being
allowed to claim 
a collective copyright that covers the CC-licensed work is
that the 
collective work must be CC-licensed. I'm just very wary of
it.

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

As a whole it is copyrighted by the publisher, there is
usually a notice 
on the contents page. Writers and illustrators and editors
get 
attribution. I must admit I haven't thought about what kind
of copyright 
this is. Photos from agencies must have their own copyright
originally 
and be licensed.

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

Stallman explicitly excluded collective works when drafting
the GPL. 
This was a tactical measure at least in part I believe, as
no 
Freeware/Shareware CD would have accepted those terms.

It is also important to avoid anything that could be
regarded as coercion.

> Or am I totally off base.

No, I'm just very wary of collective copyright. Part of this
is ethical, 
part of this is due to my not having the best understanding
of it.  :-/

> 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.

I understand the collective copyright argument but I think
unless it is 
used very precisely to enforce a particular part of a
"social contract" 
it could be seen as coercive and harm distribution without
increasing or 
protecting copyleft works.

I would be interested to see a study of how collective work
copyrights 
could interact with alternative copyright licenses though.

- Rob.
_______________________________________________
cc-community mailing list
cc-communitylists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/cc-community


[1]

about | contact  Other archives ( Real Estate discussion Medical topics )