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| WillySilly | hi paulproteus | 03:34 |
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| cchelpbot | New news from http://creativecommons.org/weblog/rss: CC Changes <http://creativecommons.org/weblog/entry/7158> | 20:13 |
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| mcdonaldswes | I have a question about the ShareAlike 2.5 license.. I've put a script under this license, and I was wondering if the performance of the script counts as a derivative work | 21:26 |
| mcdonaldswes | if it does, how do the performers ensure that the performance is also shareable? | 21:26 |
| dpkp | by performance, you mean the results of executing the script? | 21:30 |
| mcdonaldswes | yes | 21:30 |
| dpkp | "performance" in copyright parlance has a different meaning, so it can be confusing | 21:31 |
| mcdonaldswes | ah ok.. my second question then is what "performance" in copyright parlance is :) but first, does the result of executing the script count as a transformation of the work? | 21:33 |
| dpkp | i'm no lawyer, but my first stab is no | 21:34 |
| dpkp | the GPL, for example, is used quite extensively in web scripts | 21:35 |
| dpkp | but it is widely understood to not apply to the output of those scripts, only the source code itself and modifcations to the source code | 21:35 |
| dpkp | CC licenses, though, were not designed with source code in mind | 21:36 |
| mcdonaldswes | performances and program output are considered different beasts, though.. I don't think people tend to claim that the output of a program has a license that's somehow related the the license of the program itself | 21:38 |
| mcdonaldswes | like word processors, for instance | 21:38 |
| mcdonaldswes | but in the case of artistic performances, whether or not you can create the output does depend on the license of the "source" | 21:39 |
| bovinity | except CC licenses were indeed not designed for source -- full apps or scripts, so the language and usage will not directly apply | 21:41 |
| bovinity | but there are open source licenses that compliment cc ones | 21:41 |
| bovinity | there is the CC-GPL if you want to keep it int he family, but ianal and have no idea how the cc-gpl is different to the regular gpl | 21:42 |
| mcdonaldswes | hm, actually, I'm reading the legalese of the license more closely now and they have special clauses for public display and performances of the work | 21:44 |
| mcdonaldswes | 4b and 4c | 21:44 |
| dpkp | "public performance" and "public display" are explicit rights granted under the US copyright statute | 21:45 |
| dpkp | so is the right to permit "derivatives" | 21:45 |
| dpkp | which is why I said your initial question is a little confusing | 21:45 |
| mcdonaldswes | gotcha | 21:46 |
| bovinity | and theoretically, a derivative work of a script or code is another script/code based upon it. again, ianal. | 21:47 |
| dpkp | right | 21:47 |
| dpkp | although, I'm not actually sure that executing a piece of code would be considered a "performance" | 21:48 |
| mcdonaldswes | ok, and to clarify another point.. if I perform the work myself, do I also have to put a recording of that performance under the ShareAlike license? | 21:48 |
| mcdonaldswes | oh, hahaha | 21:49 |
| mcdonaldswes | I totally missed this earlier.. | 21:49 |
| mcdonaldswes | by "script", I meant a written dialogue | 21:49 |
| bovinity | oh, lol | 21:49 |
| dpkp | ahhh | 21:49 |
| dpkp | we're such hacker geeks | 21:49 |
| mcdonaldswes | I was a little confused as to why you were talking about the GPL, but I thought it was to make an analogy | 21:49 |
| bovinity | help to clarify :) | 21:49 |
| bovinity | that's what you get when you talk to coders, heh | 21:49 |
| mcdonaldswes | I should have realized :) | 21:50 |
| dpkp | so what SA means is that any downstream copyrightable work (ie. a derivative) must be shared under the same terms | 21:50 |
| dpkp | to be copyrightable, a work must be fixed in a tangible medium | 21:51 |
| mcdonaldswes | ok, so any non-recorded performance of the work doesn't apply then | 21:51 |
| dpkp | exactly | 21:51 |
| dpkp | if it is recorded, the recording becomes a derivative work | 21:51 |
| dpkp | but the performance itself is not | 21:51 |
| mcdonaldswes | now, what if I record the performance myself? do I have to put the recording under SA? | 21:51 |
| dpkp | as the copyright holder, you are not bound by you CC license | 21:52 |
| dpkp | er, your | 21:52 |
| mcdonaldswes | ok, that's what I thought | 21:52 |
| dpkp | so you can license and relicense however you choose - hooray! | 21:52 |
| mcdonaldswes | :) | 21:53 |
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