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Need a better definition of "No Derivative" (Discussion)

rhilgers said – Fri, 02 Jan 2009 19:07:10 -0000 ( Edit Link )

It would be nice if Creative Commons defined if a work could be converted from one format to another. I.E. if we have a learning system that only uses wmv video (windows) and someone has content done in mov (quicktime) that is no derivative, can we convert the content to mov to wmv without violating the copyright? By definition I think a conversion should violate the no derivative clause. Another gray area that needs a better definition. What are your thoughts?

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Author: rhilgers; Authority 26

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Maya said – Sun, 04 Jan 2009 19:50:35 -0000 ( Flag Edit Mark / Unmark Best Link )

On the face of it the CC no derivatives license would prevent you from the conversion that you refer to – “No Derivative Works. You may not alter, transform, or build upon this work.” But as the the spirit of the content should remain unaltered – I am sure if you approached the copyright holder they would give permission for the conversion. But yes I agree that it is another area remaining to be clarified.

CC FAQ states that: “All Creative Commons licenses allow the user to exercise the rights permitted under the license in any format or media. This means, for example, that under the Creative Commons Attribution-Noncommercial-NoDerivatives 3.0 Unported license you can copy the work from a digital file to a print file, as long as you do so in a manner that is consistent with the terms of that license.”- not sure if that helps any more.

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Sepius said – Sat, 25 Jul 2009 04:27:28 -0000 ( Flag Edit Mark / Unmark Best Link )

I am sure that digital change is fine as longs as the copy is “verbatim” of the original. Using nd in text allows you to paper print a digital copy of the original work, as long as it is the same written text, so I would not have an issue changing a digital video format as long as the copy is the unedited of the original.

I am not a legal representative, and I could also be wrong, so I open to be corrected.

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