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General Discussion

Creative Commons attribution

Edward_Lii
Monday, July 16, 2012 - 05:12
Edward_Lii's picture

Hello all,

I'm currently very busy making sure all the licensing in Me and My Shadow is done correct. For both the source code and the artwork, which includes attributing everyone correctly. One of the things we used is Gem Jewel Diamond Glass.
Inside the archive there's a file named readme-license.txt which contains the following line:

* to include my name "Ville Seppanen" in the credits list in the application/game and everywhere else where the creators/contributors are listed

This made me wonder if the licensor can impose such a restriction using the attribution field of the CC license.

I've asked my question in the comment section of that art submission, but I think it may have gone unnoticed. That's why I have created this thread, not just for this one case, but for similar cases in general. Can a licensor define more than just the name/url he wants to be attributed with, without violating the license?

Something tells me they can't since that would allow licensors to add "hidden" clauses.

Anyway, I hope someone can clear this up. This legal stuff is giving me a headache. :P

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Buch
joined 14 years 8 months ago
Monday, July 16, 2012 - 06:10
Buch's picture

I'm not that expert about licensing and probably someone else here on the site can tell you more, but here's my opinion about your problem...

The license used is CC-BY 3.0, which is Creative Commons with Attribution; that is, you have to credit the author whenever you use his/her work. Therefore, the author must give you some information about how he/she has to be credited (at least the name). I can't see the hidden clauses  you're talking about...


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Edward_Lii
joined 14 years 6 months ago
Monday, July 16, 2012 - 06:28
Edward_Lii's picture

Hello Buch,

Thanks for your reply.

Therefore, the author must give you some information about how he/she has to be credited (at least the name). I can't see the hidden clauses  you're talking about...

I understand that the author should specify how he wants to be attributed, with his full name, artist name or something else. I was refering to the part that said "... and everywhere else where the creators/contributors are listed", this is AFAIK not required by the Creative Commons license, so you could see this as an extra restiction/clause.

It's something minor in this case, but if things like this are allowed who prevents licensor from writing their attribution like "credit me at the top of each contributors list" for example or even worse?

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Buch
joined 14 years 8 months ago
Monday, July 16, 2012 - 06:40
Buch's picture

Just read on the CC-BY 3.0 license page:

You must attribute the work in the manner specified by the author or licensor

I guess it includes being listed in contributors lists...javascript:mctmp(0);


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Edward_Lii
joined 14 years 6 months ago
Monday, July 16, 2012 - 06:49
Edward_Lii's picture

Hello Buch,

I've seen that too, not sure it should be interpreted like that. I assume that with "the manner" they mean the attribution text. If that isn't the case, meaning you can specify rules in the attribution, you can easily violate the CC, can't you? Anyway it feels a bit like some sort of SQL-injection to me. :P

This can cause all sorts of problems, take for example the rule "in the application/game and everywhere else where the creators/contributors are listed". Let's say we made a short video which contained his work. We attribute him correctly in the credits at the end of the video, his name, license, link to the license, etc... Somewhere else, where we, the creators of the video, talk about the video and make a Thanks To list, which contains the contributors, we should list him there too (according to the attribution).

Won't that violate the "(but not in any way that suggests that they endorse you or your use of the work)"? Since listing him under "Thanks To" kind of suggests he helped out and thus kind of endorses our work.

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Buch
joined 14 years 8 months ago
Monday, July 16, 2012 - 06:58
Buch's picture

Specifying rules in the attribution different from CC-BY rules doesn't mean you violate the license, but simply that you pick a different one - in that case, you would have nothing more than a conflict between the license specified in the art page and the one inside the license-readme.txt file, and you should clarify with the author (maybe sending an e-mail if he doesn't answer to your post in the art page).

In any case, I guess that the author has complete rights on his work, so you will have to follow his will to use his work.


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Edward_Lii
joined 14 years 6 months ago
Monday, July 16, 2012 - 07:11
Edward_Lii's picture

Hello Buch,

Specifying rules in the attribution different from CC-BY rules doesn't mean you violate the license, but simply that you pick a different one - in that case, you would have nothing more than a conflict between the license specified in the art page and the one inside the license-readme.txt file, and you should clarify with the author (maybe sending an e-mail if he doesn't answer to your post in the art page).

Your absolutly right that since the author is the copyright owner he can't really violate the CC-BY license on his own work. And of course they can decide what to do with their work, but how should one interpreted additional rules in the attribution?

As an extenion/change to the chosen CC license? Doesn't that mean he changed the license and therefor may not call it Creative Commons? http://wiki.creativecommons.org/FAQ#Can_I_change_the_license_terms_or_conditions.3F

To me it feels a bit weird that people can use the attribution field to add aditional restrictions, but still call it Creative Commons.

In any case, I guess that the author has complete rights on his work, so you will have to follow his will to use his work.

I completely agree, I'm just wondering if additional rules in the attribution fields are allowed and if so what the restrictions are.

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Buch
joined 14 years 8 months ago
Monday, July 16, 2012 - 07:14
Buch's picture

So the right question is: can someone use a license name specifying something different from what the license he/she used says? I guess this goes beyond my knowledge about licensing...

By the way, if I were you, I'd respect what Osmic asked inside the readme-license.txt file (that should be his will about his work) and try to contact him to clarify.


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Edward_Lii
joined 14 years 6 months ago
Monday, July 16, 2012 - 07:19
Edward_Lii's picture

Hello Buch,

So the right question is: can someone use a license name specifying something different from what the license he/she used says? I guess this goes beyond my knowledge about licensing...

That's indeed a better question, but I wanted to know first if the rules defined in the attribution field count. I assume one can't change the CC license in whatever way without changing the license name. Is it by literally changing the legal code or adding additional clauses somewhere else.

By the way, if I were you, I'd respect what Osmic asked inside the readme-license.txt file (that should be his will about his work) and try to contact him to clarify.

That's what I was planning to do from the start, it just made me wonder. Anyway, thanks for your replies. :-)

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qubodup
joined 16 years 1 month ago
Monday, July 16, 2012 - 07:51
qubodup's picture

You need to read all of 4. b.:

If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or if the Original Author and/or Licensor designate another party or parties (e.g., a sponsor institute, publishing entity, journal) for attribution ("Attribution Parties") in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; (ii) the title of the Work if supplied; (iii) to the extent reasonably practicable, the URI, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and (iv) , consistent with Section 3(b), in the case of an Adaptation, a credit identifying the use of the Work in the Adaptation (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). The credit required by this Section 4 (b) may be implemented in any reasonable manner; provided, however, that in the case of a Adaptation or Collection, at a minimum such credit will appear, if a credit for all contributing authors of the Adaptation or Collection appears, then as part of these credits and in a manner at least as prominent as the credits for the other contributing authors. For the avoidance of doubt, You may only use the credit required by this Section for the purpose of attribution in the manner set out above and, by exercising Your rights under this License, You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.

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Edward_Lii
joined 14 years 6 months ago
Monday, July 16, 2012 - 08:03
Edward_Lii's picture

Hello qubodup,

Thanks for your reply, so let me get this straight:

If You Distribute, or Publicly Perform the Work or any Adaptations or Collections, You must, unless a request has been made pursuant to Section 4(a), keep intact all copyright notices for the Work and provide

I assume this doesn't include a list of authors/contributors that sits on the projects wiki, since there I'm not distributing or publicy performing any work at all. While the attribution line in the readme-license.txt suggests I should.

Okay I'm willing to do that but won't that be in contradiction with this line?

You may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Original Author, Licensor and/or Attribution Parties, as appropriate, of You or Your use of the Work, without the separate, express prior written permission of the Original Author, Licensor and/or Attribution Parties.

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qubodup
joined 16 years 1 month ago
Monday, July 16, 2012 - 08:21
qubodup's picture

Can attribution be used to change the license?

No, the summary text is not specific enough for the license to be interpreted as "the author has control of any marketing of a work that contains their work". In fact there is no "author can chose attribution" statement in the legal license text, although the author can decide whether their name or nick and/or website/email is shown.

 and everywhere else where the creators/contributors are listed

this clearly means "everywhere in the game".

I assume this doesn't include a list of authors/contributors that sits on the projects wiki

What list of authors/contributors on the wiki? The wiki contributors? Or a game contributors page on the wiki? If it's the first, the two are unrelated. If it's the second, then I guess all the credits in-game, on-website and in-filesystem should be pretty much be the same (I can only recommend linking to the in-filesystem credits page from the website, see http://trigger-rally.sourceforge.net/ for a simple solution).

As for "connection with", "sponsorship" and "endorsment": as long as you don't claim that the author made their work for your project, you're not doing any of these things.

Example: "Made by X" vs. "Made by X for OURPROJECT"

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Edward_Lii
joined 14 years 6 months ago
Monday, July 16, 2012 - 08:39
Edward_Lii's picture

Hello qubodup,

this clearly means "everywhere in the game".

It might just be me, but I think it cleary means "everywhere not in the game":

" * to include my name "Ville Seppanen" in the credits list in the application/game and everywhere else where the creators/contributors are listed"

What list of authors/contributors on the wiki? The wiki contributors? Or a game contributors page on the wiki? If it's the first, the two are unrelated. If it's the second, then I guess all the credits in-game, on-website and in-filesystem should be pretty much be the same (I can only recommend linking to the in-filesystem credits page from the website, see http://trigger-rally.sourceforge.net/ for a simple solution).

The game contributors listed on the wiki. At the moment there's a difference between the credits and the list of contributors in our project. In the credits we list every art asset with the license, name of the work, attribution and a link to the license. (At least we try do to so).

The list with contributors contains anyone who puts/has put effort in the project, be it making art, levels, code or even just playtesting and giving feedback. Adding a name there will in our case suggest a connection with the project.

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qubodup
joined 16 years 1 month ago
Monday, July 16, 2012 - 08:57
qubodup's picture

Hey,

" * to include my name "Ville Seppanen" in the credits list in the application/game and everywhere else where the creators/contributors are listed"

My interpretation is that the author simply didn't want to only reside in a text file and wanted to be included in credits lists on the game's website and the game's in-game credits. I don't think this changes the license. "everywhere else" is ambigious to me.

Adding a name there will in our case suggest a connection with the project.

I'm sure this depends on the wording.

As far as I understand the situation, you have different lists of different contributor in differen part of the proejcts. I would either merge all the lists or make sure there is a descriptive link from each of these lists to all of the other lists.

Link titles could be for example "List of art asset credits used in GAMENAME", "List of active/direct contributors to GAMENAME".

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Edward_Lii
joined 14 years 6 months ago
Monday, July 16, 2012 - 09:43
Edward_Lii's picture

Hello,

Okay, thank you very much for clearing this up. I interpreted that sentence completely different and therefore thought it added a restriction to the usage of the work. To me there's a difference between creators/contributors and credits. The contributors are the persons who work on the project or have contributed to the project and therefore have a connection with the project.

Credits go to the persons that, according to the license, get attributed. So if we incorporate a work that is under an open license that requires attribution the author will get listed in the Credits file and in-game. I prefer to do the same with works under a license that doesn't require any attribution.

If we now read that sentence again and interpret "everywhere else" as "everywhere not in the game" it will get a whole different meaning. ;-)

As far as I understand the situation, you have different lists of different contributor in different part of the projects. I would either merge all the lists or make sure there is a descriptive link from each of these lists to all of the other lists.

That's right, there are two different lists. Of course there's some overlap since a contributor that has created a work for meandmyshadow still gets credited in the credits.

I will link the two lists to each other as you suggested.

Again, thanks for your explanation. :-)

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