I think Fair Use overrides here. In other words, even if that Creative Commons license does NOT allow derivative works, people can still transcode it. That Fair Use right is inalienable. (I.e., you can't sign it away in a contract.)
So basically... from what I understand of it... transcoding is a derivation. And "nd" Creative Commons licenses say you can't do it. But it does NOT matter since Fair Use overrides and says you can.
See ya
On 4/10/06, Devlon <[EMAIL PROTECTED]> wrote:
On 4/10/06, David Meade <[EMAIL PROTECTED]> wrote:
>
Thanks David. Sounds like transcode = derivation?
If so, I wonder if services that provide transcoding would require
explicit permission to transcode?
>
> "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.
[...]
--
Charles Iliya Krempeaux, B.Sc.
charles @ reptile.ca
supercanadian @ gmail.com
developer weblog: http://ChangeLog.ca/
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