[License-discuss] Words that don't mean derivative work
diane at creativecommons.org
Wed Feb 3 13:49:23 UTC 2016
To the extent helpful, we at CC put a lot of thought into how to best
define the notion of what constitutes a derivative work ("Adapted Material"
in CC 4.0 vernacular) when we last versioned. We expressly tied it to
copyright law. If a downstream licensee uses the work in a manner that
implicates the licensor's exclusive right under copyright to create
derivative works, then the ShareAlike condition is triggered. Not otherwise.
*Adapted Material* means material subject to Copyright and Similar Rights
that is derived from or based upon the Licensed Material and in which the
Licensed Material is translated, altered, arranged, transformed, or
otherwise modified* in a manner requiring permission under the Copyright
and Similar Rights held by the Licensor* *[omitting additional clause re
Diane M. Peters
General Counsel, Creative Commons
On Sat, Jan 30, 2016 at 4:03 PM, Lawrence Rosen <lrosen at rosenlaw.com> wrote:
> Simon Phipps the other day used the word "integration" to mean "derivative
> work." Recently on this and other open source email lists we've seen
> "combinations," "inclusion," "kernel space," "shim," "interface" and "API",
> "header file", and "linking".
> None of those is *ipso facto* a derivative work under U.S. copyright law.
> This is unfortunate for those of us who want to obey licenses. Wouldn't it
> be nice if the following sentence – by mutual agreement – was added to ALL
> of our FOSS licenses:
> *Licensor hereby additionally asserts that the copyleft, reciprocity,
> or derivative work obligations in this license only apply to software that
> is modified or expressly changed in its executable or source code form.*
> This is just a wish that the FOSS community could, in our vernacular,
> cooperate that consistently with the copyright law.
> License-discuss mailing list
> License-discuss at opensource.org
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