On Mon, Jul 26, 2010 at 12:39 PM, Rob Myers <r...@robmyers.org> wrote: > On 07/26/2010 05:06 PM, Anthony wrote: >> Go to a Wikipedia article. Look at the notice on the bottom. It says >> "Text is available under the Creative Commons Attribution-ShareAlike >> License" It does not say "this article is available under the >> Creative Commons Attribution-ShareAlike License". > > There are two different opinions from two different court circuits in the US > that bear on whether the images in an article constitute a derivative or > collective work and therefore whether they have to be under the same > copyleft licence or not. [citation needed]
I'd love that citation if you can find it, not because I don't believe you but because that sounds like a couple very interesting cases. > Wikipedia's actions indicate that they accept the opinion that images and > text can be licenced differently. > > The FSF accept the conflicting opinion: > > http://www.fsf.org/blogs/licensing/2007-05-08-fdl-scope > > It's possible to honestly hold and justify either position both legally and > philosophically (in the US at least). :-) Actually, this was an argument for (and for some people, against) Wikipedia switching from GFDL to CC-BY-SA. Even if the courts do say that images in an article constitute a derivative work under law, they *still* might not be considered one under CC-BY-SA, because CC-BY-SA has *its own* definition of "Collective Work", and says that "A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License". Of course, in the case of OSM mash-ups, we're talking about images and images, mashed together in a way that makes them appear as one image. Much much more likely to not be a Collective Work, though I suppose if you overlay them in javascript after downloading them separately you've got an argument (so long as you don't print them out!). _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
