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

Sun Mar 13 18:03:12 UTC 2011

Hi Robinson.

> 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.

It's specified at the end of the video, in the latest seconds which, in 
fact, I wanted to preserve.

> 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).

And Fair Use is only valid in the USA AFAIK
:-/

> 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).

That's what I will do, I don't think they will have any objection to it
Thanks a lot for your quick answer and legal analysis.

Pablo.

On 03/13/2011 06:30 PM, Robinson Tryon wrote:
> 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
>>
>>
>>
>> _______________________________________________
>> Freedombox-discuss mailing list
>> Freedombox-discuss at lists.alioth.debian.org
>> http://lists.alioth.debian.org/mailman/listinfo/freedombox-discuss
>>
>>

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