charlie_grumbles wrote:Spoiler:Latent22 wrote:charlie_grumbles wrote:However, much more important in my view is that Randall Munroe has created something. He, and not I, should have control over the decisions about how that appears in the world. I noted that his license does not include SA (share alike). That means that, technically, he has not given permission for modifications and extensions to be made. I don't think he would object to what is being done here (though I don't know that), but has not, in fact, authorized it via his license. On the page that gives GLR's description of what is allowable, he talks only about presenting his work as is in various scenarios. But it also gives an email address by which you can know if what you want to do is ok. (email@example.com)
good info thanks charlie. Just wondering though about modifications. The license he links to from his site is http://creativecommons.org/licenses/by-nc/2.5/. And this very explicitly states in the summery "to Remix — to adapt the work ". Which is many of the things we are doing on the OTT.
From what I can see he has not used a share alike version of the license as you state. But the share alike license is just more strict and adds a requirement that if we use ANY of his work in ours then we MUST release our whole work under the same license to keep it open for others to use. I think his license allows us to release our derivative work under any license we choose since its mostly our copyright we can do what we want with it EXCEPT we must also satisfy his license which means non commercial use and attribution.
Be careful here, though. I worry about your "mostly our copyright". I think that is incorrect. There is a definition in law about derived work. (I linked to the wikipedia article previously). If I take his art and change one pixel from FF to FE does that make it mine to license how I please? I'm guessing that almost none of the colorizations here would come up to the level of the law, as fun and pleasing as they are.
A T shirt with one of these designs has two elements: Randall's work and your colorization:. As yourself these questions? What is it that (most) makes me want to have this shirt? Is it the psychedelic coloring, or the XKCD/1190 art work? If I could only have one or the other, which would it be? I think the answers would be clear. I think Kieryn's sand castle is the most clear exception since it contains a clear level of creativity beyond what is in 1190. Some of the photomanips possibly also. I'd see that as a grey area. He had a waterfall, I have a waterfall. His is B/W hand drawn, mine is a photo. Did I add I add enough creativity to make it mine? I don't know.
But, yes, I was incorrect about derived works, since he could have added ND (no derivative work), but did not. But make sure you fit the definition of derivative work first.
I am suddenly reminded of a court decision (I shall have to try and find it later, but I will mention it now, since it is possible that someone else will recognize it) in which a photographer tried to sue a mixed media artist because of their work. The mixed media artists had used the photographers work in their own work, but it was modified to represent something else. The court had decided in favor of the mixed media artist, stating that (as I can remember it) while the mixed media work was derivative of the photographers work, the new work was, indeed, something new and different, and therefore did not violate the photographers claims to copyright or licensing violation.
In any case, I think this is a good discussion to have, although it is obviously fraught with a lot of grey area. Personally, I would really like a Molpy up! polo, such as the one I submitted on the wiki. I will try to contact GLR, to ask how he feels about it. I will be speaking for myself, of course, but I will also mention the feeling of others here on the OTT. Should I receive a response that clarifies my particular request and/or our collective concerns, I shall share it with you all.
Also, I would like a mug, though I have not yet figured out what the design should be. Perhaps we should set up a wiki section for "proposed Time merchandise" that would include the t-shirt/shirt designs as well as any other idea we come up with.
ETA: Oh, Pope-ishness. I shall issue a decree: If you are so inclined, present a possible mug design to add to our ever growing list of "OMR, we wish we could purchase this from the xkcd.com store." That, and more OTTities, and colorizations, and poetry, and literature, and orangutans, and breakfast cereals...