[Foundation-l] Clearing up Wikimedia's media licensing policies

[Delirium]

David Gerard wrote:

>The text itself is tricky:
>
>    http://creativecommons.org/licenses/by-nc-nd/2.5/
>
>"#  No Derivative Works. You may not alter, transform, or build upon this work."
>
>    http://creativecommons.org/licenses/by-nc-nd/2.5/legalcode
>
>b. "Derivative Work" means a work based upon the Work or upon the Work
>and other pre-existing works, such as a translation, musical
>arrangement, dramatization, fictionalization, motion picture version,
>sound recording, art reproduction, abridgment, condensation, or any
>other form in which the Work may be recast, transformed, or adapted,
>except that a work that constitutes a Collective Work will not be
>considered a Derivative Work for the purpose of this License. For the
>avoidance of doubt, where the Work is a musical composition or sound
>recording, the synchronization of the Work in timed-relation with a
>moving image ("synching") will be considered a Derivative Work for the
>purpose of this License.
>  
>
I would be exceedingly surprised if any court were to hold resized 
images to be a derivative work, rather than a verbatim copy.  The 
license allows you to reproduce a digital image in, say, a book, and 
doesn't specify any particular size at which you must reproduce it.  
It's more akin to printing a CC-ND text in a different font (permitted) 
than to summarizing it (not permitted).

-Mark