About Creative Commons Share Like license

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Halie0201
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About Creative Commons Share Like license

Post by Halie0201 » Tue Nov 14, 2017 7:21 pm

Hello,

I have some questions regarding Creative Commons Share Like license.
The license said:
If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
ShareAlike.
In addition to the conditions in Section 3(a), if You Share Adapted Material You produce, the following conditions also apply.

The Adapter’s License You apply must be a Creative Commons license with the same License Elements, this version or later, or a BY-SA Compatible License.
You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.
You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply.
My questions are:
1. What is the meaning of "remix, transform or build upon"? Does it mean modification? For example, If I use an image under CC BY SA(without any modification) in a video and then public the video online, do I have to use the same license as the original image?
2.What is the meaning of "contributions" and "Adapted Material"?
If I do some modification of the image and then use the image in a video, and publish the video online, do I have to use the same license as the original image? In my understanding, the adapted material is the adapted image, but not the final video in which I use the adapted image. Therefore, if I use an adapted image (original image is under CC BY SA license) in a video, I don't need to share the video under CC BY SA license. Is it correct?

All best,

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AndyJ
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Re: About Creative Commons Share Like license

Post by AndyJ » Wed Nov 15, 2017 12:16 am

Halie0201 wrote:
Tue Nov 14, 2017 7:21 pm
My questions are:
1. What is the meaning of "remix, transform or build upon"? Does it mean modification? For example, If I use an image under CC BY SA(without any modification) in a video and then public the video online, do I have to use the same license as the original image?
Yes modification would be a good alternative word to describe what is permtted. The requirement to use the same licence when re-publishing only applies to the work bearing the CC licence, not the complete work in which it is embedded. So you can still issue your video under copyright but in the credits you should mention that whatever it is that you used (an image in this case) has been issued under the appropriate licence. This preserves the CC terms, and would allow, for instance someone else to extract just the CC part (whether you have modified it or not) and use it in their video or other work.
Halie0201 wrote:
Tue Nov 14, 2017 7:21 pm
If I do some modification of the image and then use the image in a video, and publish the video online, do I have to use the same license as the original image? In my understanding, the adapted material is the adapted image, but not the final video in which I use the adapted image. Therefore, if I use an adapted image (original image is under CC BY SA license) in a video, I don't need to share the video under CC BY SA license. Is it correct?
Yes, that is correct, but as already mentioned you do need to indicate that a CC licence continues to apply to the image you have incorporated.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

Mubuer
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Re: About Creative Commons Share Like license

Post by Mubuer » Fri Dec 22, 2017 8:25 am

Hi Andy,

I have a same question.
"Adaptation" means a work based upon the Work, or upon the Work and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Work may be recast, transformed, or adapted including in any form recognizably derived from the original, except that a work that constitutes a Collection will not be considered an Adaptation for the purpose of this License. For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.
https://creativecommons.org/licenses/by ... /legalcode

This is a part of definitions. In general, the Share Alike requirement of SA licenses only applies to derivative works. But there is an exception to the “Share Alike only applies to derivative works” rule: For the avoidance of doubt, where the Work is a musical work, performance or phonogram, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered an Adaptation for the purpose of this License.

I am not sure that whether using an image in a video belongs to the exception.

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AndyJ
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Re: About Creative Commons Share Like license

Post by AndyJ » Fri Dec 22, 2017 9:11 am

Hi Mubuer,

I don't think that incorporating an image in a video would amount to an adaptation of the image unless it was changed in some way (possibly by changing its colours or dimensions). Synchronisation does not apply to artistic works generally, just musical works. However if in doubt, it does no harm to assign the share alike tag to your video if the underlying image had that licence.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

Halie0201
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Re: About Creative Commons Share Like license

Post by Halie0201 » Mon Dec 25, 2017 5:50 am

Hello,

So based the discussion above, I understand that if I incorporate an image to a video (or a modified image to a video), I don't to release the whole video under CC BY SA license. But only the image itself or the modified image itself will be under SA license. In this case, if I incorporate an image modified by me to a video when I release the video, do I have to provide the modified image separately to the public?

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AndyJ
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Re: About Creative Commons Share Like license

Post by AndyJ » Fri Dec 29, 2017 11:27 am

Hi Halie,

Provided that the image has been licensed without the ND tag, then you can use it on its own, or modify it, within a video, but you don't need to make the modified image available separately. However, to quote from the CC terms, you should provide "a URI or hyperlink to the Licensed Material to the extent [which is] reasonably practicable".
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sofiabovino
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Re: About Creative Commons Share Like license

Post by sofiabovino » Tue Jan 23, 2018 1:52 pm

I have to provide the modified image separately to the public?

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AndyJ
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Re: About Creative Commons Share Like license

Post by AndyJ » Tue Jan 23, 2018 2:55 pm

Hi sofiabovino,

Your question lacks context, but if you are in the same position as Halie, then as I
said in my previous reply "you don't need to make the modified image available separately".
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

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