4.0/Moral rights - Revision history

CCID-shinchpearson at 17:23, 10 September 2013

2013-09-10T17:23:02Z

Kat Walsh: header

2013-05-20T19:18:05Z

header

Kat Walsh: fmt

2013-05-20T19:17:24Z

fmt

CCID-shinchpearson at 17:36, 14 February 2013

2013-02-14T17:36:33Z

Kat Walsh: +draft 3

2013-02-14T04:05:26Z

+draft 3

Aurelia Schultz at 17:49, 1 August 2012

2012-08-01T17:49:40Z

Aurelia Schultz at 21:19, 31 July 2012

2012-07-31T21:19:48Z

Aurelia Schultz at 18:28, 14 June 2012

2012-06-14T18:28:55Z

CCID-shinchpearson at 22:56, 23 April 2012

2012-04-23T22:56:02Z

Aurelia Schultz: /* Proposals for 4.0 */

2012-04-09T20:01:45Z

‎Proposals for 4.0

@@ Line 29: / Line 29: @@
 |}
-{{Infobox|
+{| class="mw-collapsible mw-collapsed wikitable"
 ===Draft 3===
-This draft does not include any substantive changes to the treatment of moral rights. As noted [[4.0/License subject matter|elsewhere]], the limited waiver or non-assertion clause now also covers the licensor’s publicity and privacy rights. }}
+This draft does not include any substantive changes to the treatment of moral rights. As noted [[4.0/License subject matter|elsewhere]], the limited waiver or non-assertion clause now also covers the licensor’s publicity and privacy rights.
 ==Overview==
@@ Line 55: / Line 67: @@
 * '''Treatment in 4.0 d.2:''' Same.
 * '''Treatment in 4.0 d.3:''' Further clarifications made.
@@ Line 63: / Line 76: @@
 *Other comments: Proposed language, ''"If the Licensor finds Your use or adaption of the Licensed Work to be prejudicial to his honour or reputation, he can serve you a notice terminating this License.  In that case, You must get express approval from Licensor if you seek new rights to use the Licensed Work under this Public License."'''  More information on this proposal is in this [http://lists.ibiblio.org/pipermail/cc-licenses/2012-April/006760.html email thread] from license-discuss.
 * '''Treatment in 4.0 d.3:''' CC licenses work atop existing moral rights, just as they do with copyright law. This is consistent with CC's policy of not imposing obligations or restrictions on uses that would otherwise be free.

@@ Line 34: / Line 34: @@
 This draft does not include any substantive changes to the treatment of moral rights. As noted [[4.0/License subject matter|elsewhere]], the limited waiver or non-assertion clause now also covers the licensor’s publicity and privacy rights. }}
 There are two basic issues with respect to moral rights:
 * Current moral rights language is complicated, difficult to understand -- see the [https://creativecommons.org/licenses/by-sa/3.0/legalcode section 4(d) current language]:

@@ Line 1: / Line 1: @@
 {{4.0 Issue}}
-{{Infobox |'''Draft 1 Treatment:''' This draft presents a nuanced, slight departure from the treatment of moral rights in 3.0 (international) and a little more than half the 3.0 ports, but is in keeping with how many of the jurisdictions that ported 3.0 chose to treat moral rights.  In this draft, moral rights are waived (or not asserted), but only if legally possible and then only to the extent necessary to allow licensees to reasonably exercise their rights under the license. All other moral rights are retained and unaffected by the license.  This proposal (and in particular the “reasonably exercise” language) may look familiar to those involved in the [[Version_301|3.01 proposal]].  We opted for this approach for a few reasons:
+{{Infobox |
 * We are mindful of enforceability challenges that a more complete waiver or license of moral rights presents. This option accounts for jurisdictions in which a waiver of moral rights is unenforceable, by only waiving such rights on the limited basis if legally possible.  Where that is not possible, those rights are reserved to licensor.
 * We do not want to overreach. We have heard little justification for licensing or waiving moral rights that are unrelated to the exercise of the rights granted.  The scope of the waiver is no greater or less than the scope of the licensed copyright and neighboring rights, except where no waiver is permitted in which case moral rights remain unaffected.
@@ Line 7: / Line 14: @@
 **civil law jurisdictions – moral rights are typically non-waivable, but courts may interpret the license to include an implied waiver to allow licensees to exercise the rights granted
 **common law jurisdictions – moral rights are generally considered waived to the extent necessary to allow licensees to exercise the rights granted}}
 {| class="wikitable" cellspacing="0" cellpadding="5" width=100%
-|valign="TOP" style="background:#FFDADA;border:5px #FDAFAF;padding:1em"|
+|valign="TOP" style="background:#FFDADA;border:5px #FDAFAF;padding:1em;"|
-'''Draft 2 Treatment:''' The treatment of moral rights has not changed from draft 1 to draft 2.  We are, however, reintroducing language that draws heavily from the waiver and non-assert language in 3.0. Moral rights are reserved, except to the limited extent the licensor has moral rights that would otherwise prevent the licensee from exercising his or her rights under the license. In those limited circumstances, moral rights are waived or not asserted when possible.
+===Draft 2===
 We have also added a provision to the license that alerts licensees that third parties may have rights in the work that could impede use of the work as intended. This provision specifically mentions moral rights because there are circumstances in which the licensor is not the original creator and has no ability to waive or promise not to assert applicable moral rights.
 |}
-{{Infobox|'''Draft 3 treatment:'''
+{{Infobox|
 This draft does not include any substantive changes to the treatment of moral rights. As noted [[4.0/License subject matter|elsewhere]], the limited waiver or non-assertion clause now also covers the licensor’s publicity and privacy rights. }}

@@ Line 38: / Line 38: @@
 * '''Treatment in 4.0 d.1:''' Incorporated consistent with drafting approach described above.
 * '''Treatment in 4.0 d.2:''' Same.
 '''''Moral Rights Proposal #2:'' Take a more proactive stance in support of moral rights.'''
@@ Line 44: / Line 46: @@
 has the possibility to arbitrarily prevent someone from doing so, just because he disliked that someone.
 *Other comments: Proposed language, ''"If the Licensor finds Your use or adaption of the Licensed Work to be prejudicial to his honour or reputation, he can serve you a notice terminating this License.  In that case, You must get express approval from Licensor if you seek new rights to use the Licensed Work under this Public License."'''  More information on this proposal is in this [http://lists.ibiblio.org/pipermail/cc-licenses/2012-April/006760.html email thread] from license-discuss.

@@ Line 14: / Line 14: @@
 We have also added a provision to the license that alerts licensees that third parties may have rights in the work that could impede use of the work as intended. This provision specifically mentions moral rights because there are circumstances in which the licensor is not the original creator and has no ability to waive or promise not to assert applicable moral rights.
 |}
 There are two basic issues with respect to moral rights:

← Older revision		Revision as of 20:01, 9 April 2012
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	*Other comments: More information on this proposal is in this [http://lists.ibiblio.org/pipermail/cc-licenses/2012-January/006605.html email thread] from license-discuss.		*Other comments: More information on this proposal is in this [http://lists.ibiblio.org/pipermail/cc-licenses/2012-January/006605.html email thread] from license-discuss.
	* '''Treatment in 4.0 d.1:''' Incorporated consistent with drafting approach described above.		* '''Treatment in 4.0 d.1:''' Incorporated consistent with drafting approach described above.
		+
		+	'''''Moral Rights Proposal #2:'' Take a more proactive stance in support of moral rights.'''
		+	*Pros: strengthens the license and make it more appealing to creators; address concerns that the current version of CC (v3) has no real provisions for letting Licensor enforce his or her moral rights or author's rights.
		+	*Cons: This creates an internal contradiction where the licensor gives anyone the permission to redistribute his work, but then
		+	has the possibility to arbitrarily prevent someone from doing so, just because he disliked that someone.
		+	*Other comments: Proposed language, ''"If the Licensor finds Your use or adaption of the Licensed Work to be prejudicial to his honour or reputation, he can serve you a notice terminating this License. In that case, You must get express approval from Licensor if you seek new rights to use the Licensed Work under this Public License."''' More information on this proposal is in this [http://lists.ibiblio.org/pipermail/cc-licenses/2012-April/006760.html email thread] from license-discuss.