"mere aggregation"

This question was spurred partly from a question in the NC
thread, but 
mostly because I'm dealing with it on a project I'm working
on.

I'm creating a set of illustrations to go along with an
article.  Due to 
the nature of the blogging software, it's desireable to
minimize the 
number of images.  I often do this by using multiple images
in one, or 
"insets".  In my current project, some of the
"insets" are copyrighted 
works whose use in my case is (IMHO anyway) "fair
use" (they're images 
from movies which I am comparing to each other and to
certain questions 
of archetypes in fiction and how they relate to certain
philosophical 
ideas -- so they're valid "quotations for review
purposes").  However, 
the big image in some cases is a CC-By-SA work (actually
they may be all 
CC-By, I haven't checked through them all yet -- but it's
possible).

Does the act of combining the images in this way constitute
a violation 
of the copyleft? I understand that including images in a
document is 
considered "mere aggregation" and so not affected
by copyleft, and in my 
own mind, I'm still doing this (they're conceptually
separate pictures, 
even though they are in a single JPG file).

Does it make a difference whether the images overlap (as in
an inset) or 
are merely beside each other (an array)?

Just for reference, here's an existing example of what I
mean by an "array":

http://www.freesoftwaremagazine.com/
files/nodes/1713/kusanagi_which_real.jpg

and here of "insets":

http://www.freesoftwaremagazine.com/files
/nodes/1366/fig_tucson2000.jpg

It seems like an interesting use case.  I dislike the idea
of having to 
separate the material based on license/fair use, rather than
for 
stylistic reasons, but of course, it is possible.

Opinions?

Cheers,
Terry

-- 
Terry Hancock (hancockAnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpac
eworks.com


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I appear to have made a small faux pas in using GPL language
in the 
first post. The CC licenses use the terms "Collective
Work" and 
"Derivative Work" to talk about this issue.

My question remains pretty much the same, though:

When compositing several images into a single image file,
can the whole 
still constitute a "collective" work?  I'm
thinking that it might depend 
on whether the images overlap (i.e. is part of an image
obscured?)

Or perhaps the mere fact that they are in a single image
file is 
sufficient to invoke the copyleft terms for the whole?

Terry Hancock wrote:
>  I'm creating a set of illustrations to go along with
an article. Due
>  to the nature of the blogging software, it's
desireable to minimize
>  the number of images. I often do this by using
multiple images in
>  one, or "insets".
[...]
>  Does it make a difference whether the images overlap
(as in an inset)
>  or are merely beside each other (an array)?
>
>  Just for reference, here's an existing example of what
I mean by an
>  "array":
>
> 
http://www.freesoftwaremagazine.com/
files/nodes/1713/kusanagi_which_real.jpg
>
>  and here of "insets":
>
>  http://www.freesoftwaremagazine.com/files
/nodes/1366/fig_tucson2000.jpg

I'm interested both because I want to "do the right
thing" with this 
project, and also because it's just an interesting question
about CC 
copyleft.

Thanks,
Terry

-- 
Terry Hancock (hancockAnansiSpaceworks.com)
Anansi Spaceworks http://www.AnansiSpac
eworks.com

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This is where I'd probably have to get a lawyer myself.
I think one way to look at the work is to ask whether
or not the works combine to form a new expression or
whether they remain different expressions between the
covers of the book. If they combine to create something
new, then I'd say it's a derivative. If they remain
separate and different expressions but in the same book,
then I'd say they are aggregate.

You results in court may vary.

> I appear to have made a small faux pas in using GPL
language in the
> first post. The CC licenses use the terms
"Collective Work" and
> "Derivative Work" to talk about this issue.
>
> My question remains pretty much the same, though:
>
> When compositing several images into a single image
file, can the whole
> still constitute a "collective" work?  I'm
thinking that it might depend
> on whether the images overlap (i.e. is part of an image
obscured?)
>
> Or perhaps the mere fact that they are in a single
image file is
> sufficient to invoke the copyleft terms for the whole?
>
> Terry Hancock wrote:
>>  I'm creating a set of illustrations to go along
with an article. Due
>>  to the nature of the blogging software, it's
desireable to minimize
>>  the number of images. I often do this by using
multiple images in
>>  one, or "insets".
> [...]
>>  Does it make a difference whether the images
overlap (as in an inset)
>>  or are merely beside each other (an array)?
>>
>>  Just for reference, here's an existing example of
what I mean by an
>>  "array":
>>
>>
> http://www.freesoftwaremagazine.com/
files/nodes/1713/kusanagi_which_real.jpg
>>
>>  and here of "insets":
>>
>>  http://www.freesoftwaremagazine.com/files
/nodes/1366/fig_tucson2000.jpg
>
> I'm interested both because I want to "do the
right thing" with this
> project, and also because it's just an interesting
question about CC
> copyleft.
>
> Thanks,
> Terry
>
> --
> Terry Hancock (hancockAnansiSpaceworks.com)
> Anansi Spaceworks http://www.AnansiSpac
eworks.com
>
> _______________________________________________
> cc-licenses mailing list
> cc-licenseslists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-licenses
>


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