If I include an unmodified CC-BY-SA work in a book, does the whole book have to be CC-BY-SA? I'm working on a book. Say I include a single unmodified work in the book that's licensed under Creative Commons-Attribute-Share Alike, for example one picture. Do I have to make the entire book CC-BY-SA if I do this, or not? Followup: what if I modify the picture? Does the whole book have to be CC-BY-SA, or just my modified picture?
Any adapted work derived from a work used under a CC-BY-SA licnese must be distributed, if at all, under a compatible license. The question is whether a large work incorporating a much smaller work is said to be "based on" that work. The CC-BY-SA 4.0 legal text does not use "include" or "incorporate" or any similar term to define an adapted work, instead it says: Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Public License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image. If including a single work makes your book Adapted Materiel, than you must either release the book under the same license, or else not rely on the CC license. I am not at all sure if such use would make the book Adapted Materiel. If the content could be quoted (perhaps only in part) based on fair use or fair dealing or a similar theory, you would not be relaying on the license. But whether such use is legitimate is always a very fact-bound question, which will depend on various specific facts. See Is this copyright infringement? Is it fair use? What if I don&#39;t make any money off it? for a summary of US fair use principles. If the materiel you want to use would not qualify under fair use (or whatever similar principle applies in your jurisdiction), and the book would be considered Adapted Material, then you would have to omit it or put the book under the CC license. I see in The CC case law page the statement that: The atlas was a compilation not a derivative work, so did not need to be licensed under the SA term, Which might apply to your book. If it does, you would not need to place the book under a CC license. Update: On reading CC's detailed wiki page on Drauglis v. Kappa Map Group, LLC I find the statement that Use of a whole work is suggestive of a "compilation" rather than a derivative work subject to the ND/SA terms. attributed to the US District court (DC district) that decided this case in 2014. If that decision were followed, it would seem that the book would not be considered a derivative work and while proper attribution must be provided, and the applicable license must be indicated, the book itself need not be released under CC-BY-SA.
Copyright is for original pieces of work. What you have made, is essentially a derivative work. Copyright is automatic for all things, unless the author has explicitly waived their rights, normally through a license. What this means, is that you have created a piece of art, that has been derived from that of the original author. You made modifications to the original artwork to produce a new one. Your creation could not, and would not have effectively existed without the original. Your image has the same shape, and the same colour tones as the original, and would likely be considered a derivative work. Since the right to derivative works is an exclusive right to the copyright holder, you would be infringing their copyright.
That means that a person cannot put a new cover or binding on a book, and then resell it or lend it, unless permission is obtained from the publisher. This has the effect of prohibiting libraries, which need to rebind most books, from carrying the book without the publisher's permission. This condition did not apply in the US, because under the US Law's First Sale Doctrine, the seller cannot impose such conditions on the buyer. The very standardize wording was, I think, once part of the Net book Agreement (NBA) used by Penguin and other UK-based publishers on sales in the UK and the Commonwealth. You will find it on many used books from such publishers. I believe the main aim was to prohibit discount resellers of used books, and to prohibit sale of "stripped books" (reported to the publisher as "unsold and destroyed"). I believe that this is no longer in effect, but I am not sure. The NBA was dissolved in 1995.
Yes, you can grant any license you want to your larger work. With respect to Creative Commons, they provide guidance: May I apply a CC license to my work if it incorporates material used under fair use or another exception or limitation to copyright? Yes, but it is important to prominently mark any third party material you incorporate into your work so reusers do not think the CC license applies to that material. The CC license only applies to the rights you have in the work. For example, if your CC-licensed slide deck includes a Flickr image you are using pursuant to fair use, make sure to identify that image as not being subject to the CC license. For more information about incorporating work owned by others, see our page about marking third party content. Read more considerations for licensors here. With respect to MIT License for software, I don't think that many of the reasons for fair use apply to using someone else's source code in your project. If you're creating criticism, commentary, news, or educational material, you probably have more than just code. You should choose a more appropriate license for the complete work (like a Creative Commons License). Taking someone's software source code and trying to use it under fair use may also lead to issues when you consider other factors, such as the purpose of the use, the amount included in the larger work, and the effect of value on the copyrighted work. I'm not finding a lot of cases regarding fair use in software. Galoob v. Nintendo found that you can modify copyrighted software for personal use (not relevant to this discussion). Sega v. Accolade found that copying software for reverse engineering was fair use under certain conditions (again, not relevant here). If you are attempting to use anything under fair use, regardless of the license that you apply to your larger work, you do need to ensure that you do not give the impression that each individual piece of that work is also under that licence once extracted. That's why you need to clearly mark which portions are used pursuant to fair use. If those portions are extracted from the larger work, then the original restrictions to use apply. However, someone can use the larger work under the license you grant. I just wanted to add this brief section to be extremely clear. When you are producing a work, you can choose a license for that work. If you are incorporating someone else's work into your own work, there are two possibilities: You obtain the other person's work under a license. You must abide by this license and all of its requirements. Some licenses are viral in nature, which restrict the licenses that you can apply to the larger work. You use the other person's work under fair use. In this case, you need to properly attribute the work and identify that it is not available under the same license as the larger work. Someone that extracts that smaller portion must abide by the copyright of that work. If it's available under a particular license, they can choose to use that license or under fair use if they are able to. Someone using your complete combined work uses your license.
From your question(s), as well as your various comments, I understand you to have two general inquiries: 1. Is there any infringement of copyright laws if you use things like the titles of books, games, apps, names, address (and any other number of things) which you will then put into datasets that will be licensed for proprietary commercial purposes? You may freely put titles, names of people, places or things into datasets without fear that you are infringing on copyright or any other laws. That is clear. Copyright law does not protect names, titles, short phrases or expressions. Even if a name, title, or short phrase is novel or distinctive it cannot be protected by copyright. So, there is no point in discussing the doctrine of fair use in this context, because Fair Use is a defense, or a legal safe harbor that is merely an exception to copyright infringement allowing people to use a copyrighted works under specific circumstances. As I understand your intended endeavor, you will not be infringing on any copyrights to the extent that you are merely using factual data, like names of copyrighted things for the purpose of creating a dataset or an application to help access it. This is why I say you need not concern yourself with the test for Fair Use with regard to this issue. The Copyright Office states clearly, despite what people may think, that there are no exclusive rights in brief combinations of words such as: • Names of products or services • Names of businesses, organizations, or groups (including the names of performing groups) • Pseudonyms of individuals (including pen or stage names) • Titles of works • Catchwords, catchphrases, mottoes, slogans, or short advertising expressions • Listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by an explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable. Hence, these things are not registrable under a copyright. While something may be potentially attached to or included in copyrighted material, is not in and of itself subject to the protections of these laws. If it (whatever it is) cannot be registered for a copyright, it is not copyrightable. Because copyright registration/notices have been optional since 1989, when the U.S. attached itself to the Berne Convention, whereby copyright protection is automatic as soon as a work is “fixed in a tangible medium of expression” (written down, recorded, painted, etc.) it’s protected. No notice is required. Registration only becomes required for litigation or enforcement purposes. But this is really extraneous to your inquiry anyway, as far as it applies to the actual data. When you get into copying whole databases for your purpose, that analysis is different. 2. You want to "scrub" the internet for information that you intend to put into your proprietary datasets and use for commercial purposes, some or most of which is already in a database or some organized form, and you want to know if there is some sort of copyright or duty owned to the person who originally databased the materials? Since ideas, procedures, principles, discoveries, and devices are all specifically excluded from copyright protection, if you want to compile this type of information from the internet for the purpose of creating datasets, or searchable databases, this is permissible. That said, there are protections for existing databases under copyright law, provided under the concept of a "compilation copyright". A compilation copyright protects the collection and creative assembling of data or other materials. Compilation copyrights protect the collection and assembling of data or other materials, such that databases are generally protected by copyright law as compilations. Under the Copyright Act, a compilation is defined as a "collection and assembling of preexisting materials or of data that are selected in such a way that the resulting work as a whole constitutes an original work of authorship." 17. U.S.C. § 101. The preexisting materials or data may be protected by copyright since the selections of materials and the form they take in an existing database may be original enough to be subject to a copyright. However, the data itself is merely information and is not protectable. The Copyright Act specifically states that the copyright in a compilation extends only to the compilation itself, and not to the underlying materials or data. 17 U.S.C. § 103(b). As a result, "compilation copyrights" can't be used to place protection upon those things that are otherwise not protectable. In the case of Feist Publications, Inc. v. Rural Telephone Service Company, Inc., the U.S. Supreme Court ruled that a compilation work such as a database must contain a minimum level of creativity in order to be protectable under the Copyright Act. Feist makes clear that even a copyright protected database does not hold the right to prevent an individual from extracting factual data from the database (so long as you're not copying the entire database as a whole). If you take an already compiled and copyrighted dataset in its entirety, you must obtain a license for its use. However, if you are merely amassing great amounts of data to then put into your own dataset, that you are free to do. The big issue will be (and you seem to realize this) where you will amass this data from. Some websites have specific licenses in place that say you cannot use or rework their content. However, many times these websites simply throw these license requirements out there for users to see, despite the fact that they may not be (and some would argue) are not enforceable. The courts have heard arguments that "contracts" (the end-user licenses) that protect databases and information on websites is beyond the protection available through copyright law should be "preempted" by the Copyright Act itself. The preemption argument goes like this: Federal law controlling something that is subject to interstate commerce or use, should be controlled by the federal laws. So,since the federal government has enacted the Copyright Act to govern any protections to any original works, states should be (arguably are) prohibited from having contradictory laws. Because of the ability of a federal statute to preempt state law, and the fact that the Copyright Act at 17 U.S.C. § 301 sets forth specific preemptions, no state may create rights that are equivalent to any of the exclusive rights provided under the Act. It is this concept of preemption that prevents copyright protection from varying depending upon the state where a work of authorship is created. Arguably, the same is true for the internet, and supposed contractual relationship created through licenses that dictates how non-copyrightable material may be used. In the case of ProCD, Incorporated v. Matthew Zeidenberg and Silken Mountain Web Services, Inc. the court examined whether an end-user of a CD ROM phone database was subject to the license, when they extracted a large portion of the database and made it available over the Internet. The database was almost the same as the type of data in the Feist case-The lower court rejected all copyright claims and found that the shrinkwrap license that controlled the end user's right to use the data was both unenforceable (as a shrink wrap license) and preempted by the Copyright Act. As a result, there was no relief available to the creator of the phone database and the end-user was free to extract the data and use it as he saw fit. However, on appeal this decision was reversed (7th circuit). The appellate court did acknowledge that the database (on the CD) was not original enough to be protected by copyright (finding no copyright infringement by the end-user); However, they did find the end-user was breach of contract, since the shrink-wrap license prohibited the end-user's conduct. What this tells us is that these licenses (on websites) may or may not be enforceable. While the 7th Circuit found a contract right pursuant to the license, despite the preemption argument, another appellate court that is more liberal may find otherwise. Also, this was a disk, not the internet, which is the "wild west" of information, largely unregulated and unlitigated as it pertains to the legality and enforceability of (some) regulations that do exist. License agreements for site use on the internet are everywhere. If you take a database from some site that has a license saying you cannot take their work and add to it, or whatever, and you do add it to other databases that are not licensed and then make your own dataset - chances are you are NOT going to be infringing on anyone's copyright. That said, you may be in breach of contract (the license) if they find out about it, and sue you (using it doesn't put you in breach; only getting sued and having a court determine you're in breach puts you in breach. It may be a distinction worth contemplation, but that is up to you). The safest, bet would be to get a license from them to rework the materials. If the material is generic enough, and will be changed enough, that you are creating your own new (copyrightable) work - I'm not sure how they would know you "scrubbed the data in contravention of their license agreement ( I have NO CLUE if there is coding or metadata attached to it such that it's identifiable in that way. I have not tech background and do not endorse taking what's not yours). But if they can and do know, they could cause problems for you. Lastly, I will just say that the internet is littered with sites that claim copyrights, or impose unenforceable licenses on material that is ripe for public use. Just because it says it's theirs does not make it so. The inverse is also true. Just because a site does not claim copyright to something, does not mean it is in the public domain. I would recommend either sticking to public domain/use sites for your scrubbing endeavors, or seeking permissions from the sites who impose licensing requirements. Short of that, I would recommend (as I already have) seeking an formal legal opinion to say that you are not imposing on anyone's copyrights (this could only be done once you showed an attorney every place you took material from, as well as what the material is), and that the licenses from sites with generalized information that may try to limit use, are unenforceable. I would do this before you invest a lot of time or money into something that is largely based on the accumulation of other peoples work product. I wish there was an answer certain, but there just isn't without seeing everything in the end.
Choice 2 is what the writers of the license have in mind. You own the physical media on which the copy is delivered, such as a DVD or floppy disk (if there was physical media). But you do not own the copy of the software, you merely have purchased a license to use it, which may be revocable under specified circumstances. This is different from the law in the case of a book. Why you buy a book, you own a copy of the book, although you do not own the copyright to the book, and may not make additional copies. The license model was adopted by commercial software distributors for several reasons, but largely to avoid the "first sale doctrine". When you buy a copy of a copyrighted work, you have the right (under US law at least) to lend, rent, sell, or give-away that copy. You do not need the permission of the copyright holder to do any of these. Those in the commercial software business did not want customers to be able to do those things legally. By making the software subject to a license, which is a contract, they could write that license to restrict or prohibit those rights. Sellers also wanted to prohibit reverse engineering of the software, and to restrict use of the software. (For example, to limit the user to installing it on a single computer.) There was at first much dispute over the enforcability of such license agreements. But most US courts now accept them as valid and enforceable, and copyright law has been modified to take account of them. Specifically, 17 USC 109 (2)(b)(1)(A) seems to include a legislative acceptance of this rule.
To the best of my understanding: US copyright law does not have anything in particular to say about credits of this nature, for the most part. The law doesn't even say that you have to credit people at all. It just says you have to get a license (i.e. &quot;permission&quot;) to use the item in question. Even that is only required when the work is not a &quot;work made for hire&quot; (i.e. any work by an employee of the production company, within the scope of their job). There are some weird situations where the law does require a credit (e.g. a compulsory license acquired under 17 USC 115 requires the licensee to preserve metadata identifying the original song and artist), but this is the exception rather than the rule. The exact wording and ordering of film credits (and TV/other credits) is typically the product of extensive negotiations between all of the people credited, the production company, and (in most cases) their respective unions. It is thus subject to contract law rather than copyright law. Copyright licenses usually mandate some sort of credit be given, except for certain specialized types of work such as ghostwriting (where the whole point is that you don't get credited). Some licenses are more flexible on this point than others. For example, Creative Commons licenses set out a specific list of things that must be included, and mandate that it must appear alongside other credits if there are any, but other than that, you can basically word and display the credit in any way that is &quot;reasonable.&quot; However, one-off private licenses will likely be much more specific and restrictive about how the credit is displayed. Speculating: It may be the case that different attorneys drafted different licensing agreements with different credit phrasings wholly by accident, or for no particular reason, simply due to a lack of direct coordination. In other words, nobody was actively trying to make sure all the credits matched, so they didn't.
Such an image is copyrighted, as part of the movie. You cannot legally use it without permission from the copyright holder, unless the use of the image falls under fair use (note that fair use is a strictly US legal concept. It does not apply anywhere else) or a similar exception to copyright, such as "fair dealing". There are multiple factors which must be considered in making a fair use judgement. No one factor ever totally controls the decision. It is a case-by-case decision. But several things about your proposed use suggest to me that it will not qualify as a fair use. The image is part of a creative work, not a work of non-fiction such as a news report or a textbook. That weighs against fair use. You seem to be using the whole image, although it is only part of the movie. That probably weighs against fair use to some extent. A use in "a social media post regarding a sales vacancy" sounds commercial to me. If so, that would weigh against fair use. The copyright owner might well wish to market images from the film. If so, and if many people used images from the film as you propose to use this one, that might harm the market. This weighs against fair use. You don't seem to be making any comment on the image, or using it in any significantly transformational way. That weighs against fair use. Use of the image does not seem vital or even important to the message you intend to communicate. That also weighs against fair use. In short, I think you would be wiser to use an image that you have or can get permission to use in this way. If you use this image, it is possible that the copyright holder would sue for copyright infringement, or issue a DMCA take-down notice, or both.