4.0/Treatment of adaptations - Revision history

Kat Walsh: formatting

2013-12-09T20:43:26Z

formatting

Kat Walsh: add ND alteration

2013-11-18T17:49:39Z

add ND alteration

CCID-diane peters at 19:22, 11 September 2013

2013-09-11T19:22:14Z

CCID-shinchpearson at 18:08, 10 September 2013

2013-09-10T18:08:29Z

CCID-shinchpearson at 17:59, 10 September 2013

2013-09-10T17:59:39Z

Kat Walsh: fmt

2013-05-20T20:03:14Z

fmt

Kat Walsh: fmt

2013-05-20T20:02:32Z

fmt

Kat Walsh: headers

2013-05-20T20:01:47Z

headers

Kat Walsh: /* Proposal for clarifying how adaptations may/must be licensed in 4.0 */ +d3 proposal treatment

2013-02-14T19:19:52Z

‎Proposal for clarifying how adaptations may/must be licensed in 4.0: +d3 proposal treatment

CCID-shinchpearson at 04:50, 14 February 2013

2013-02-14T04:50:13Z

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 ==Summary==
 <div style="padding: 1em; margin-bottom: 1em; border: 1px dotted red; background-color: #eee; width: 97%;">
-Four licenses in the CC license suite -- CC BY, CC BY-SA, CC BY-NC, and CC BY-NC-SA -- allow licensees to create adaptations of the licensed work. By definition, an adaptation constitutes the new contributions by the person adapting the work and does not extend to the preexisting material.<ref>Article 2(3) of the Berne Convention: “Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works ''without prejudice to the copyright in the original work.''” (emphasis added) </ref> '''This is a complexity of copyright law, not the CC licenses themselves.'''  Thus, when an adaptation of a CC-licensed work is created and licensed, the new license only applies to the adapter’s new contributions and not the original content. The original work is licensed to the downstream user directly from the original author. A user of an adaptation licensed under a CC license is receiving and must comply with (at least) two licenses -- one from the creator of the original work, and a second from the adapter (the person creating and licensing the adaptation) for use of the new content and modifications contributed by the adapter.  This is because CC licenses do not allow sub-licensing.<ref>See Section 8(b) of CC BY: “Each time You Distribute or Publicly Preform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.”</ref> This nuance creates complications. </div>
+Four licenses in the CC license suite&mdash;CC BY, CC BY-SA, CC BY-NC, and CC BY-NC-SA&mdash;allow licensees to create adaptations of the licensed work. By definition, an adaptation constitutes the new contributions by the person adapting the work and does not extend to the preexisting material.<ref>Article 2(3) of the Berne Convention: “Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works ''without prejudice to the copyright in the original work.''” (emphasis added) </ref> '''This is a complexity of copyright law, not the CC licenses themselves.'''  Thus, when an adaptation of a CC-licensed work is created and licensed, the new license only applies to the adapter’s new contributions and not the original content. The original work is licensed to the downstream user directly from the original author. A user of an adaptation licensed under a CC license is receiving and must comply with (at least) two licenses -- one from the creator of the original work, and a second from the adapter (the person creating and licensing the adaptation) for use of the new content and modifications contributed by the adapter.  This is because CC licenses do not allow sublicensing.<ref>See Section 8(b) of CC BY: “Each time You Distribute or Publicly Preform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.”</ref> This nuance creates complications. </div>
 ==Treatment in drafts==

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 ===Draft 4===
 We are now using the term "Adapter's License" throughout the text instead of "Adaptation License.” This is more accurate, considering the way that the licenses apply to a work when Adapted Material is produced. The creator of Adapted Material may choose the license that applies to his or her contributions. However, both the CC license on the original work and the license that the adapter uses for the new contribution apply to the use of the Adapted Material (in addition to whatever third-party rights may apply). We have also added language making it clear that the definition of Adapted Material only covers material adapted by the particular licensee reading the license. This is designed to help make it clear that provisions involving Adapted Material apply only to adapters themselves.
 }}
 == Licensing adaptations ==

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 {{Infobox|
 ===Draft 4===
-We are now using the term "Adapter's License" throughout the text instead of "Adaptation License.” This is more accurate, considering the way that the licenses apply to a work when Adapted Material is made. The author of Adapted Material may choose a license to apply to his or her contributions. However, both the CC license on the original work and the license that the adapter uses for the new contribution apply to the use of the Adapted Material (in addition to whatever third-party rights may apply). We have also added language making it clear that the definition of Adapted Material only covers material adapted by the particular licensee reading the license. This is designed to help make it clear that provisions involving Adapted Material apply only to adapters themselves.
+We are now using the term "Adapter's License" throughout the text instead of "Adaptation License.” This is more accurate, considering the way that the licenses apply to a work when Adapted Material is produced. The creator of Adapted Material may choose the license that applies to his or her contributions. However, both the CC license on the original work and the license that the adapter uses for the new contribution apply to the use of the Adapted Material (in addition to whatever third-party rights may apply). We have also added language making it clear that the definition of Adapted Material only covers material adapted by the particular licensee reading the license. This is designed to help make it clear that provisions involving Adapted Material apply only to adapters themselves.
 }}

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 *Other comments: Rather than imposing another obligation on licensors, we could build better notice into the license text itself.
 * '''Treatment in 4.0 d.1:''' Incorporated change.
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 *Other comments: Might be better as part of best practices guide. See Adaptations Proposal No. 6 below.
 * '''Treatment in 4.0 d.1:''' While we have retained the obligation to indicate that the work has been changed, we have not added a further requirement to mark changes. This obligation is onerous and may well be impossible depending on the type of Adaptation created, possibly discouraging remixing and adaptation of the work as intended by the licensor.
@@ Line 135: / Line 137: @@
 *Other comments:
 * '''Treatment in 4.0 d.1:''' Not incorporated.  More suitable for a best practices guide rather than as a strict requirement of the license itself given automatic termination of the license as a consequence of any failure to comply.  Would make it harder and more complicated to apply; more room for inadvertent violations with termination as consequence.
@@ Line 144: / Line 147: @@
 * Other comments:
 * '''Treatment in 4.0 d.1:''' Revisions intended to clarify and amplify the status of Adaptations in the license text have been included. Best practices to be revisited at a later date.
@@ Line 160: / Line 164: @@
 ** NOTE3: But this is the case with all adaptations of CC-licensed works, not just those using different versions of the license. See above for more explanation.
 * '''Treatment in 4.0 d.1:''' While reasons for considering this proposal have been articulated, we have not addressed it in this initial draft. Further input is needed before considering such a fundamental change in the operation of the licenses.  We encourage those interested in such a proposal to articulate use cases where sublicensing would be beneficial, as well as any limitations on such a permission.
@@ Line 170: / Line 175: @@
 *Note that even some platforms that "support" CC licensing does not necessarily accept uploading of CC-licensed works by a third party. See also a comment on [http://wiki.creativecommons.org/index.php?title=4.0/Sandbox&diff=prev&oldid=54537 Sandbox]
 * '''Treatment in 4.0 d.1:''' While reasons for considering this proposal have been articulated, we have not addressed it in this initial draft. Further input is needed before considering such a fundamental change in the operation of the licenses.  We encourage those interested in such a proposal to articulate use cases where sublicensing would be beneficial, as well as any limitations on such a permission.

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 |}
-{{Infobox|
+{| class="mw-collapsible mw-collapsed wikitable"
 ===Draft 3===
 This draft introduces two major changes designed to address the treatment of adaptations.
@@ Line 42: / Line 47: @@
 This new provision will be a focus of the public discussion period.
-====Draft 3 update====
+|}
 }}
@@ Line 60: / Line 69: @@
 === Proposal for clarifying how adaptations may/must be licensed in 4.0 ===
 ''For ease of reference on discussion lists, please do not alter proposal numbers.''
 '''''Adaptations Proposal No. 1:'''''  '''Add explicit requirement to BY and BY-NC stating that adaptations of licensed work must be released under a license with at least the same conditions as the original work.'''
@@ Line 70: / Line 80: @@
 * '''Treatment in 4.0 d.2:''' Same.
 * '''Treatment in 4.0 d.3:''' Explicit clarification made that adaptations may be made under any license where it is possible to comply with both licenses. This will be accompanied by explanatory messaging around best practices for reuse, which recommend following the guidance in this proposal even though the strict requirements aremore flexible.
 '''''Adaptations Proposal No. 2:'''''  '''Drop BY-NC from the license suite, requiring licensors who want to prohibit commercial use to opt for either CC BY-NC-SA or CC BY-NC-ND.'''
@@ Line 80: / Line 92: @@
 * '''Treatment in 4.0 d.2:''' Same.
 * '''Treatment in 4.0 d.3:''' CC will be keeping NC in the license suite as is. See more detail at [[4.0/NonCommercial|NonCommercial]].
 '''For a proposal to retain flexibility for those licensing adaptations of CC-licensed work, see Adaptations Proposal No. 6 below.'''

@@ Line 41: / Line 41: @@
 Note also that the provision includes a clarifying sentence similar to that in the ShareAlike condition, which specifies that the rights in the adaptation held by the original licensor remain subject to the original license.
-This new provision will be a focus of the public discussion period.}}
+This new provision will be a focus of the public discussion period.
 == Licensing adaptations ==

← Older revision		Revision as of 20:02, 20 May 2013
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	This new provision will be a focus of the public discussion period.}}		This new provision will be a focus of the public discussion period.}}
−	\|}

	== Licensing adaptations ==		== Licensing adaptations ==

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 {{4.0 Issue}}
 <div style="padding: 1em; margin-bottom: 1em; border: 1px dotted red; background-color: #eee; width: 97%;">
-'''Page summary:''' Four licenses in the CC license suite -- CC BY, CC BY-SA, CC BY-NC, and CC BY-NC-SA -- allow licensees to create adaptations of the licensed work. By definition, an adaptation constitutes the new contributions by the person adapting the work and does not extend to the preexisting material.<ref>Article 2(3) of the Berne Convention: “Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works ''without prejudice to the copyright in the original work.''” (emphasis added) </ref> '''This is a complexity of copyright law, not the CC licenses themselves.'''  Thus, when an adaptation of a CC-licensed work is created and licensed, the new license only applies to the adapter’s new contributions and not the original content. The original work is licensed to the downstream user directly from the original author. A user of an adaptation licensed under a CC license is receiving and must comply with (at least) two licenses -- one from the creator of the original work, and a second from the adapter (the person creating and licensing the adaptation) for use of the new content and modifications contributed by the adapter.  This is because CC licenses do not allow sub-licensing.<ref>See Section 8(b) of CC BY: “Each time You Distribute or Publicly Preform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.”</ref> This nuance creates complications. </div>
+Four licenses in the CC license suite -- CC BY, CC BY-SA, CC BY-NC, and CC BY-NC-SA -- allow licensees to create adaptations of the licensed work. By definition, an adaptation constitutes the new contributions by the person adapting the work and does not extend to the preexisting material.<ref>Article 2(3) of the Berne Convention: “Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works ''without prejudice to the copyright in the original work.''” (emphasis added) </ref> '''This is a complexity of copyright law, not the CC licenses themselves.'''  Thus, when an adaptation of a CC-licensed work is created and licensed, the new license only applies to the adapter’s new contributions and not the original content. The original work is licensed to the downstream user directly from the original author. A user of an adaptation licensed under a CC license is receiving and must comply with (at least) two licenses -- one from the creator of the original work, and a second from the adapter (the person creating and licensing the adaptation) for use of the new content and modifications contributed by the adapter.  This is because CC licenses do not allow sub-licensing.<ref>See Section 8(b) of CC BY: “Each time You Distribute or Publicly Preform an Adaptation, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.”</ref> This nuance creates complications. </div>
-{{Infobox |'''Draft 1 Treatment:''' We have made two changes in 4.0. First, we have rewritten the definition of Licensed Work (formerly “Work” in 3.0) to explicitly mention that it does not extend to third party material or public domain content. This has always been the case, but making it clear that the license only applies to the licensor’s content or contribution (and not otherwise) is important.  For example, a licensor may apply a CC license to a book, but to the extent the book incorporates third party content (including CC-licensed content), the license applied to the book does not extend to that third party material.
+==Treatment in drafts==
 Second, we have added a specific requirement that licensees who create and share Adaptations must state that the original work is offered under the terms of the original license. This is intended to clarify that the license has always followed the original work, and the original work is always subject to its terms and conditions (including attribution).
 Note we have also added a bullet point addressing our treatment of each proposal relating to [[4.0/Treatment_of_adaptations#Proposal_for_clarifying_how_adaptations_may.2Fmust_be_licensed_in_4.0|Adaptations]] below.}}
 {| class="wikitable" cellspacing="0" cellpadding="5" width=100%
 |valign="TOP" style="background:#FFDADA;border:5px #FDAFAF;padding:1em;"|
-'''Draft 2 Treatment:''' No change from draft 1.
+===Draft 2===
 |}
-{{Infobox|'''Draft 3 treatment:'''
+{{Infobox|
 This draft introduces two major changes designed to address the treatment of adaptations.
@@ Line 25: / Line 42: @@
 This new provision will be a focus of the public discussion period.}}
 == Licensing adaptations ==