Mike Linksvayer wrote:
>> On Mon, 2007-01-15 at 14:03 +0100, Peter Brink
wrote:
>>> A derivative work must be the result of a
_creative act_ originating
>>> from a human being. If a machine down- or
upsamples a work there is no
>>> creative act involved, it's a just a mechanical
transformation. A
>>> "thumbnail" is therefore a copy and
not a derivative work.
>
>> There is no such thing as "upsampling" so
this logic cannot apply to
>> versions of a work at higher resolution than
offered.
If you call it upsampling, downsampling or sidesampling or
whatever
doesn't matter. A "work" must be the result of a
creative act - the same
goes for derivative works. A mechanical transformation is in
itself not
a creative act, the result of such a transformation is a
copy and not a
derivative work. If I scan a picture and make two versions
available,
one in low resolution and one in high resolution, those two
images are
_copies_ of the _same work_.
/Peter Brink
_______________________________________________
cc-licenses mailing list
cc-licenses lists.ibiblio.org
http://lists.ibiblio.org/mailman/listinfo/cc-licenses
|