How does a Creative Commons Share-Alike license on an image affect a web design that image is used in?
April 7, 2011 5:12 AM Subscribe
I have used a photo that is licensed under a Creative Commons Attribution Share-Alike license as a background image in a WordPress theme. How much of the theme needs to be shared-alike?
posted by chrismear to law & government (4 answers total)
The photo was used in the following way:
- A modified version of the photo was created (the modified version tiles better than the original).
- The modified photo was included in a web page design (by referencing it as a background image using CSS).
- The web page design was used as the basis for a WordPress theme.
How much of this would be considered a 'derivative work' for the purposes of the CC license on the original photo? Just the modified version of the photo? Or the entire WordPress theme?
I can imagine arguments for both extremes, and I'm guessing that this is not clear-cut under the law, but similar situations must have come up before.
(As an additional wrinkle, if it makes any difference: the PHP parts of the WordPress theme need to be licensed under the GPL in order to comply with the GPL license that WordPress itself is licensed under.)