Discussion:
Licenses of templates/material for user-created content
Friedrich W. H. Kossebau
2015-01-05 00:56:19 UTC
Permalink
Hi,

(cc: calligra-devel only for heads-up, please all discussion on kde-licensing)

I would like some assistance what licenses to propose/use for media (files)
which are not used as part of the applications, but provided as (raw) material
for the user-created content. I assume/hope this has been discussed before,
here or in some other place I can be pointed at.

As result I hope we can update the KDE Licensing policy to also cover that,
which at least from what I understood is not yet the case.

This is mainly about media files in Calligra, but surely can be generalized.
There are several apps in Calligra which allow the user to create
copyrightable content. The content can be of composed nature, like text,
images and graphics combined in a document. To kickstart that creation, there
are template files used to create an initial document. Then there are media
galleries, to allow enriching the documents quickly. And then there is also
media which is used as mix-in on creating further works, e.g. the UI shell of
an HTML-based slide show created from a slides document.

These template and media files themselves usually are copyrightable content,
and could be of composed nature again, thus also different objects with
different licenses.

The only KDE wiki page I found which had some related content was
https://techbase.kde.org/Policies/Licensing_Policy
where the relevant point might be
"
11. Standalone media files such as images may be licensed under the Creative
Commons Attribution-Share Alike 3.0 Unported licence at
http://creativecommons.org/licenses/by-sa/3.0/ . This does not apply to icons
or anything which is likely to be mixed with content under our normal (GPL
etc) licences.
"

What means "may" here exactly?

Should this also include templates, media gallery files and export mix-in
media? If so, please consider especially the following.

Another open question for me which might influence what we would like to
recommend/require as licenses (and where the answer ideally could be noted
somewhere as FAQ):
how does the license of the used template and media files influence the
license of the created content? There is a term "Derivative work" but I have
no clue what it means actually & how it can be applied, also not researched it
yet, hoping that someone here has done that before and can enlight me & else.

Example: someone creates a new presentation from template A, inserts the
images B & vector graphic C from the media gallery and then exports this as
HTML slides (like you can do with Stage), where the presentaion shell uses
image D, CSS file E and HTML/JavaScript code F.

How would licenses game up here?

If e.g. the license of the template influences the document, then requiring CC
BY-SA 3.0 means every text document written in Words, presentation done in
Stage or images painted with Krita needs to follow the Attribution and
ShareAlike requirements, which would be a big blocker surely.


Slightly off-topic, but still related, if the licenses of the templates and
media files have an influence on the created content, the user should be able
to see that somehow in the UI, so they know about the legal bounds their
content gets by using the templates, media files and the mixed-in media on
export (which might be even more important if hopefully soon also more
offer/integrate templates and media from online resources, so outside of what
we control in the KDE repo and releases).
Is that done already in any software, so one could be inspired from how to do
it?

Cheers
Friedrich
Ingo Klöcker
2015-01-05 23:22:35 UTC
Permalink
IANAL
Post by Friedrich W. H. Kossebau
I would like some assistance what licenses to propose/use for media (files)
which are not used as part of the applications, but provided as (raw)
material for the user-created content. I assume/hope this has been
discussed before, here or in some other place I can be pointed at.
[snip]
Post by Friedrich W. H. Kossebau
These template and media files themselves usually are copyrightable content,
and could be of composed nature again, thus also different objects with
different licenses.
The only KDE wiki page I found which had some related content was
https://techbase.kde.org/Policies/Licensing_Policy
where the relevant point might be
"
11. Standalone media files such as images may be licensed under the Creative
Commons Attribution-Share Alike 3.0 Unported licence at
http://creativecommons.org/licenses/by-sa/3.0/ . This does not apply to
icons or anything which is likely to be mixed with content under our normal
(GPL etc) licences.
"
What means "may" here exactly?
I think "may" just means that for "Standalone media files such as images"
other rules apply than for the files mentioned in the first 10 numbered list
items. IOW you can license those files under the CC-BY-SA 3.0 or under one of
the other licenses permitted by our licensing policy.
Post by Friedrich W. H. Kossebau
Should this also include templates, media gallery files and export mix-in
media?
No. Yes. I don't know what "export mix-in media" means.

IMHO templates need to considered separately from media gallery files because
documents are derived from the templates, but documents are not derived from
media gallery files. Usually, the latter get included in a document, but
usually this doesn't make the document a derivatives of those media gallery
files. Of course, the author of the document needs to add proper attribution
to each included media gallery file (if the license of the media gallery file
requires attribution).

IMO templates that are part of the standard Calligra distribution should be
licensed CC0. If the templates are super trivial (i.e. not a creative work)
then they might not even be copyrightable, but it's better to explicitly state
your intention. I think document templates are somewhat similar to code
templates used by code generators. There are often special exceptions making
sure that the generated code can be used under any license.

Templates that are not part of the standard Calligra distribution could be
licensed CC-BY-SA. The license should be made clear to the user choosing such
a template (e.g. by explicitly mentioning the licenses in the template
chooser). The same applies to media gallery files and other stuff that's meant
to be included unaltered in documents.
Post by Friedrich W. H. Kossebau
Another open question for me which might influence what we would like to
recommend/require as licenses (and where the answer ideally could be noted
how does the license of the used template and media files influence the
license of the created content? There is a term "Derivative work" but I have
no clue what it means actually & how it can be applied, also not researched
it yet, hoping that someone here has done that before and can enlight me &
else.
See above. I wouldn't add anything to our FAQ because we should avoid anything
that could be mistaken as legal advice.
Post by Friedrich W. H. Kossebau
Example: someone creates a new presentation from template A, inserts the
images B & vector graphic C from the media gallery and then exports this as
HTML slides (like you can do with Stage), where the presentaion shell uses
image D, CSS file E and HTML/JavaScript code F.
How would licenses game up here?
Ask this in the Legal and Policy Issues devroom at FOSDEM. But be prepared to
leave the room with more questions than you had when you entered to room. ;-)
There is no easy answer. It always depends.
Post by Friedrich W. H. Kossebau
If e.g. the license of the template influences the document, then requiring
CC BY-SA 3.0 means every text document written in Words, presentation done
in Stage or images painted with Krita needs to follow the Attribution and
ShareAlike requirements, which would be a big blocker surely.
Yes. That's why I propose to use CC0 for basic templates.

You might also take a look at how LibreOffice or other office suite developers
ensure that their users can use the templates provided with the office suite
without restrictions. LibreOffice only seems to include templates for
presentations (and templates used by its wizards, but they didn't work here).
The template chooser doesn't show license information. :/ And the source of
the one template (DNA.otp) I looked at also doesn't seem to have any license
information. :/
Post by Friedrich W. H. Kossebau
Slightly off-topic, but still related, if the licenses of the templates and
media files have an influence on the created content, the user should be
able to see that somehow in the UI, so they know about the legal bounds
their content gets by using the templates, media files and the mixed-in
media on export (which might be even more important if hopefully soon also
more offer/integrate templates and media from online resources, so outside
of what we control in the KDE repo and releases).
Is that done already in any software, so one could be inspired from how to
do it?
IMHO any software that allows "in-app" downloading (or even just choosing) of
user-created content should do this, e.g. GHNS (or whatever it's called
nowadays). For a not ideal example see Firefox's Get Add-ons (where the
license resp. the EULA is hidden behind a link).


Regards,
Ingo

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