Ireland/3.0/BY-NC-SA/Draft - Revision history

Aurelia Schultz at 19:40, 1 March 2011

2011-03-01T19:40:43Z

Aurelia Schultz at 19:31, 1 March 2011

2011-03-01T19:31:34Z

Aurelia Schultz: Created page with "The public discussion is an open forum where everyone – from lawyers to active license users, from linguists to translators — is invited to contribute. The [[Ireland/3.0/BY..."

2011-03-01T19:22:05Z

Created page with "The public discussion is an open forum where everyone – from lawyers to active license users, from linguists to translators — is invited to contribute. The [[Ireland/3.0/BY..."

New page

The public discussion is an open forum where everyone – from lawyers to active license users, from linguists to translators — is invited to contribute.

The [[Ireland/3.0/BY-NC-SA/Draft | BY-NC-SA 3.0 license draft]] adapted to Ireland law is ready for public discussion. The English version of the BY-NC-SA license is available, as is a summary of the substantial changes proposed by the legal team to port the licenses to Irish copyright law.

'''If you have comments about the licenses, whether in regards to legal, linguistic or usability issues, please feel welcome to use the [[Talk:Ireland/3.0/BY-NC-SA/Draft | wiki's discussion page]] or the [http://lists.ibiblio.org/mailman/listinfo/cc-ie CC Ireland mailing list] to share your thoughts.'''

== License Draft for Download / Projecto de Licença para download ==
* [[Media:Ireland_3.0_BY-NC-SA_Draft.pdf | Ported Ireland BY-NC-SA License]]
* [[Media:Ireland_3.0_BY-NC-SA_Draft_Changes.pdf‎ | Summary of Substantial Changes]]

==License Draft==
'''Attribution - Non-Commercial - Share-Alike 3.0 Ireland'''

CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENCE DOES NOT CREATE A SOLICITOR-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE.

'''Licence'''
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENCE ("CCPL" OR "LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT, RELATED RIGHTS, DATABASE SUI GENERIS RIGHT, AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORISED UNDER THIS LICENCE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

This Licence enables You (all capitalised terms defined below) to view, edit, modify, translate and distribute Works worldwide, under the terms of this licence, provided that You credit the Original Author.

''''The Licensor'''' (one or more natural or legal persons offering the Work under the terms and conditions of this Licence)

and

''''You'''' (the Person acquiring rights under this Licence who has not previously violated the terms of this Licence with respect to the Work, or who has received express permission from the Licensor to exercise rights under this Licence despite a previous violation.)

agree as follows:

← Older revision		Revision as of 19:40, 1 March 2011
Line 135:		Line 135:

	Creative Commons may be contacted at http://creativecommons.org/.		Creative Commons may be contacted at http://creativecommons.org/.
		+
		+	----
		+
		+	==Substantial Changes==
		+	'''Creative Commons Irish Draft Version 3.0'''
		+
		+	'''Explanation of Substantive Legal Changes'''
		+
		+	'''Attribution – Non-Commercial – Share Alike 3.0'''
		+
		+	Note:
		+	The '''Copyright and Related Rights Act 2000''' is available at
		+	http://www.bailii.org/ie/legis/num_act/2000/0028.html
		+
		+	See also:
		+	* [http://www.bailii.org/ie/legis/num_act/2004/0018.html Copyright and Related Rights (Amendment) Act 2004]
		+	* [http://www.bailii.org/ie/legis/num_act/2007/a3907.html Copyright and Related Rights (Amendment) Act 2007]
		+
		+	Other Legislation is available at
		+	http://www.patentsoffice.ie/en/copyright_legislation.aspx
		+
		+	“DISTRIBUTION OF THIS LICENCE DOES NOT CREATE A SOLICITOR-CLIENT RELATIONSHIP.”
		+	* Under Irish law, there is no “attorney” and solicitor is the appropriate equivalent.
		+
		+
		+	“THE WORK IS PROTECTED BY COPYRIGHT, RELATED RIGHTS, DATABASE SUI GENERIS RIGHT, AND/OR OTHER APPLICABLE LAW.”
		+	* Related rights such as performer’s rights are dealt with in the Copyright and Related Rights Act 2000.
		+	* The database sui generis right is also covered in the 2000 Act.
		+
		+
		+	'The Licensor' (one or more natural or legal persons offering the Work under the terms and conditions of this Licence)
		+	* “Natural or legal persons” under Irish law includes individuals or entities.
		+
		+
		+	1 (e) “Performance”: This definition comes from s.202 of the Copyright and Related Rights Act 2000.
		+
		+	1 (f) "Work" means the work protected by copyright which is offered under the terms of this Licence. For the purposes of this Licence a Work shall also be taken to mean a live performance or a database insofar as these are protected under the applicable law within Your jurisdiction.
		+
		+	* Performer’s rights and the database sui generis right are dealt with in the Copyright and Related Rights Act 2000.
		+
		+
		+	2. Fair Dealing Rights
		+	* For acts permitted in respect of copyright works (including fair dealing rights), see ss.49-106 of the Copyright and Related Rights Act 2000. Regarding performances, see ss.220-254.
		+
		+
		+	3. License Grant
		+
		+	'''…for the duration of copyright, related right and/or database sui generis right …'''
		+	* This clarifies that the duration applies to copyright, related rights or database right.
		+
		+
		+	4(a) You may distribute or perform the Work
		+	* The reference to “publicly perform” has been replaced by a reference to “perform”
		+	* [The same applies to other references to “perform” in the License. ]
		+
		+
		+	4(g)
		+	Moral rights remain unaffected to the extent they are recognised and not waivable by applicable law.
		+	* Moral rights are covered by ss.107-119 and ss.309-319 of the Copyright and Related Rights Act 2000. In general, this license does not affect moral rights, and original authors may still retain moral rights regarding the Work.
		+	* Moral rights may be waived under Irish law, and therefore certain aspects of the Irish licence may constitute a partial waiver of moral rights, e.g. allowing Derivative Works.
		+	* Clause 4(f) will apply if the License is being interpreted in a jurisdiction which does not allow any waiver of moral rights.
		+
		+
		+	6 Reservation of Rights
		+
		+	[Drafting Note: In the licenses which permit commercial use, we will include the following clause as a modification of clause 6:
		+	For the avoidance of doubt, the Licensor waives the right to collect royalties, whether individually or, in the event that the Licensor is a member of a collecting society that administers voluntary licensing schemes, via that society, from any exercise by You of the rights granted under this License.]
		+	* Due to the licensing system in Ireland, this wording is appropriate for the collecting society language in the commercial licenses.
		+
		+
		+	9 Termination
		+
		+	'''Natural or legal persons''' who have received Derivative Works or Collective Works from You under this Licence
		+	* Natural or legal persons covers individuals or entities
		+
		+	10.3. Except as otherwise agreed, this Licence shall be governed by the law of Ireland
		+	* Clarifies that the license is governed by Irish law unless otherwise agreed.