[Freedombox-discuss] Fwd: Another freedombox talk to translate (Arthur Lutz - 27c3) (CC by-nc-nd doubts)

[Robinson Tryon]

On Sun, Mar 13, 2011 at 12:39 PM, Pablo Castellano <pablog at gnome.org> wrote:
> Hello. I'm forwarding the message I sent yesterday to the freedombox i18n
> mailing list, since maybe people subscribed there aren't too much into
> licenses.

:-)

(we'll do our best; I'll also hop on the i18n mailing list)

> Maybe someone here can answer me about these license doubts.
> The video is ready for upload, if everything is fine.
>
> Thanks!
> Pablo.

The no-derivs part of the CC by-nc-nd license does appear to prohibit
both shortening a video as well as transcribing/translating the audio.

Speaking of the license, where did you find the license listed? I
looked over the site, but didn't find any mention of license for the
media files.

To pick a version, here's the legal text for CC by-nc-nd 3.0:
http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode

Here's the specific text it says about "Adaptation":

"Adaptation" means a work based upon the Work, or upon the Work and
other pre-existing works, such as a translation, adaptation,
derivative work, ... and include ...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.

It seems pretty clear that the license is hostile to translations or subtitles.

The license offers more clarity on what is prohibited in this later section:

"...if You Reproduce, Distribute or Publicly Perform the Work either
by itself or as part of any Collections, You must not distort,
mutilate, modify or take other derogatory action in relation to the
Work which would be prejudicial to the Original Author's honor or
reputation.

If there was any doubt left in our minds, the language that one "must
not distort [or] modify" seems to pretty much sum up that this clip
may not be shortened (except, of course, in Fair Use/Fair Dealings
situations).

tl;dr: IMHO, the license prohibits the videos being cut, improved,
subtitled, etc., but at least we can distribute them.


But don't give up!

I'd try contacting the CCC and ask them if you may use the video (or
at least that subsection of the video) under a more permissive
license. I'd suggest CC-BY-SA 3.0 (or whatever version of the licenses
they're up to now).



Cheers,
-- R


>
> -------- Original Message --------
> Subject: Another freedombox talk to translate (Arthur Lutz - 27c3)
> Date: Sat, 12 Mar 2011 22:06:29 +0100
> From: Pablo Castellano <pablog at gnome.org>
> To: i18n at lists.freedomboxfoundation.org
>
> Hi.
> In the 27th Chaos Communication Congress (27c3), Arthur Lutz presented
> Freedombox in a lightning talk[0].
>
> The video is available here[1] and has license CC by-nc-nd.
> I have cut the video just to have the part of the freedombox talk, which
> happens from minute 10 to minute 16 approximately. In order to add
> context to the freedombox talk video I have added the same beginning and
> the same ending as the full video[1] has (some seconds at the beginning
> and at the end showing that it happened in the 27c3).
> I was doing it to upload it somewhere and ease the task of translating
> it. After that, a doubt has arisen to me about the license:
>
>  From [2]:
> "NoDerivatives. You let people copy, distribute, display, and perform
> only verbatim copies of your work — not make derivative works based on
> it. If they want to alter, transform, build upon, or remix your work,
> they must contact you for permission."
>
> Is it considered a derivative work (not allowed by the license)?
> In case I didn't join the beginning and the ending parts. Is partial
> reproduction considered a derivative work too?
>
> Regards, Pablo.
>
> [0] http://events.ccc.de/congress/2010/wiki/
> Lightning_Talks#Day_2:_Saal_3
> [1] http://media.ccc.de/browse/congress/2010/
> 27c3-4296-en-lightning_days_d2.html
> [2]
> http://wiki.creativecommons.org/Frequently_Asked_Questions#What_are_the_terms_of_a_Creative_Commons_license.3F
>
>
>
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