>For copyright protection to attach to a later, allegedly derivative work, it must display some originality of its own. It cannot be a rote, uncreative variation on the earlier, underlying work. The latter work must contain sufficient new expression, over and above that embodied in the earlier work for the latter work to satisfy copyright law’s requirement of originality.
It seems to me that he created a rote variation; if so his work isn't protected by copyright, the license he attached to his image is irrelevant, and google owns the image. IANAL and could be wrong, any correction/clarification from someone who is familiar with American copyright law would be great.
edit: to be clear, my point is I don't think OP had the right to attach any sort of license on the image, even a creative commons one, because google owns the copyright. Likewise, I don't think he owns the right to attribution.
It should be noted that I actually never claimed a copyright, nor copyright protection on this. Creative Commons isn't a copyright. I'm also not mad about the uses of this image. I moreso just wanted to call out the fact that there was no attribution happening, as requested through the CC license.
IANAL but I think the moment you put a license on it you claimed copyright. IIRC you don't have rights to license someone else's creation without consent
That's the thing. You don't 'claim' copyright. It is a right established by the Berne Convention. You would file a claim if your copyright were violated, but other than that, you control distribution of your original work as long as Sonny Bono says. :-)
Points for coining a new abbrev. YDNR is going into my "snarky, not explained" responses in emails. :-) "What does that mean?" "Oh, I often hit some keys for a macro on my home computer that don't expand on this machine."
>For copyright protection to attach to a later, allegedly derivative work, it must display some originality of its own. It cannot be a rote, uncreative variation on the earlier, underlying work. The latter work must contain sufficient new expression, over and above that embodied in the earlier work for the latter work to satisfy copyright law’s requirement of originality.
It seems to me that he created a rote variation; if so his work isn't protected by copyright, the license he attached to his image is irrelevant, and google owns the image. IANAL and could be wrong, any correction/clarification from someone who is familiar with American copyright law would be great.
edit: to be clear, my point is I don't think OP had the right to attach any sort of license on the image, even a creative commons one, because google owns the copyright. Likewise, I don't think he owns the right to attribution.