PDM FAQ - Revision history

CCID-timidrobot: comment out chooser related text as current beta chooser does not support PDM

2024-07-10T15:46:34Z

comment out chooser related text as current beta chooser does not support PDM

Nkinkade at 13:57, 19 September 2012

2012-09-19T13:57:37Z

Nkinkade: Protected "PDM FAQ": Excessive spamming (‎[edit=sysop] (indefinite) ‎[move=sysop] (indefinite))

2012-09-19T13:27:45Z

Protected "PDM FAQ": Excessive spamming (‎[edit=sysop] (indefinite) ‎[move=sysop] (indefinite))

Nkinkade at 13:21, 19 September 2012

2012-09-19T13:21:55Z

Nkinkade: Removed more spam.

2012-09-19T13:18:52Z

Removed more spam.

Nkinkade at 13:16, 19 September 2012

2012-09-19T13:16:29Z

Nkinkade at 13:09, 19 September 2012

2012-09-19T13:09:45Z

Nkinkade: Undo revision 59173 by Pierredescour (talk)

2012-09-19T13:07:39Z

Undo revision 59173 by Pierredescour (talk)

Nkinkade: Undo revision 59174 by Pierredescour (talk)

2012-09-19T13:06:52Z

Undo revision 59174 by Pierredescour (talk)

Nkinkade: Undo revision 59188 by Pierredescour (talk)

2012-09-19T13:05:46Z

Undo revision 59188 by Pierredescour (talk)

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 These Public Domain Mark FAQs contain information that you should familiarize yourself with before applying the Public Domain Mark (“PDM”) to a work, or before using a work that is marked with the PDM. The information provided below is not exhaustive – it may not cover important issues that could affect you.
 __TOC__
-These FAQs are intended to supplement, not replace, our existing [http://wiki.creativecommons.org/FAQ FAQs] and our [http://wiki.creativecommons.org/CC0_FAQ CC0 FAQs]. You are encouraged to review those FAQs before using the PDM or any of our other legal tools or licenses. You should also read the PDM deed carefully, as well as the information linked to from the deed.  The deed and supplemental information contain important information about the work that has been marked, and should be fully understood before you apply it to a work or use a PDM-marked work.
+These FAQs are intended to supplement, not replace, our existing [http://wiki.creativecommons.org/FAQ FAQs] and our [http://wiki.creativecommons.org/CC0_FAQ CC0 FAQs]. You are encouraged to review those FAQs before using the PDM or any of our other legal tools or licenses. You should also read the [https://creativecommons.org/publicdomain/mark/1.0/ PDM deed] carefully, as well as the information linked to from the deed.  The deed and supplemental information contain important information about the work that has been marked, and should be fully understood before you apply it to a work or use a PDM-marked work.
-Please note:  '''Creative Commons does not provide legal advice.'''  The information provided below is not a substitute for legal advice and is not complete.  Please consult your own legal advisor if you have any questions or concerns about the information provided below, about the Public Domain Mark or about Creative Commons licenses and tools generally.
+Please note:  '''Creative Commons does not provide legal advice.''' The information provided below is not a substitute for legal advice and is not complete. Please consult your own legal advisor if you have any questions or concerns about the information provided below, about the Public Domain Mark or about Creative Commons licenses and tools generally.
 === Questions about the Public Domain Mark generally ===
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 ==== What is the Public Domain Mark? ====
-The Public Domain Mark (“PDM”) is a tool that allows anyone to mark and tag a work that is free of known copyright restrictions worldwide, all in a way that clearly communicates that status to the public and allows it to be easily discoverable. The PDM is not a legal instrument like CC0 or our licenses; there is no accompanying legal code or agreement.  It should only be used to label a work that is already free of known copyright restrictions around the world, typically very old works.  It should not be used to attempt to change a work’s current status under copyright law, or affect any person’s rights in a work.  Just like CC0 and our licenses, PDM has a metadata-supported deed and is machine readable, allowing works properly tagged to be readily discovered over the Internet.
+The Public Domain Mark (“PDM”) is a tool that allows anyone to mark and tag a work that is free of known copyright restrictions worldwide, all in a way that clearly communicates that status to the public and allows it to be easily discoverable. The PDM is not a legal instrument like CC0 or our licenses; there is no accompanying legal code or agreement. It should only be used to label a work that is already free of known copyright restrictions around the world, typically very old works. It should not be used to attempt to change a work’s current status under copyright law, or affect any person’s rights in a work. Just like CC0 and our licenses, PDM has a metadata-supported deed and is machine readable, allowing works properly tagged to be readily discovered over the Internet.
 ==== How does it work? ====
-Anyone can use the PDM to mark a work that is free of known copyright restrictions. Information about the work, its author(s), and the person marking the work is supplied through our [http://creativecommons.org/choose/mark PDM Chooser] and embedded in the HTML generated for the work.  When supplied, this information may help users of the work evaluate the copyright status of the work for themselves, and learn more about the work.  Again, please keep in mind that the PDM does not affect the legal status of the work or the legal rights of the author, the person identifying it or others. The PDM serves a marking and labeling function only.
+Anyone can use the PDM to mark a work that is free of known copyright restrictions. Information about the work, its author(s), and the person marking the work should be embedded in the HTML generated for the work. When supplied, this information may help users of the work evaluate the copyright status of the work for themselves, and learn more about the work. Again, please keep in mind that the PDM does not affect the legal status of the work or the legal rights of the author, the person identifying it or others. The PDM serves a marking and labeling function only.
 ====What is the difference between the PDM and CC0?====
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 Notwithstanding the disclaimers and notice, if you know that a work you would like to mark is still in copyright in one or more jurisdictions, please do not apply the PDM.  We are working on other means for marking works that are in the public domain in some jurisdictions while still restricted by copyright in others, and hope to publish that soon.
 ==== How do I apply the PDM to a work? ====
 Our [http://creativecommons.org/choose/mark PDM Chooser] will lead you through process. When completed, you will be provided with HTML code that you can copy and paste into your website. Please be aware that it is up to you, the person identifying the work, to publish the work marked with the PDM to your website or elsewhere. Creative Commons does not publish any works and cannot accept responsibility for doing so.
 ==== What are the benefits of including the information requested by the PDM Chooser? ====
 The information you provide when using the PDM Chooser will be included in the rendered PDM deed that is linked to the work, as well as included in the machine-readable code. Potential users of the work can then use that information to find out more about the work and its status.  Although the information fields are optional, we encourage you to provide all of the information you can for the benefit of users.
 ==== Does the PDM require those using a work I have marked to give me credit?  Or the author? ====
@@ Line 65: / Line 64: @@
 No, there is no credit or attribution requirement, either for the person marking the work or the original author of the work. However, this does not mean that you cannot ask others to give you credit for your effort digitizing and/or marking the work in accordance with community or professional norms and standards.
 PDM makes it very easy for users to cite the work itself.  If information about the author and work is supplied during the PDM Chooser stage, an HTML citation box will appear on the deed. Users of the work can easily copy the code contained in the box and paste it into the webpage where the work is being used, providing citation information.  We encourage everyone identifying works using the PDM Chooser to supply that information; and whenever made available, we encourage users of PDM-marked works to use the ready-to-use citation information.
 === Questions for those thinking about using a PDM-marked work ===

← Older revision		Revision as of 13:57, 19 September 2012
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	If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps and precautions you feel you need to before doing so, which may include contacting the person who applied the PDM to the work and consulting legal counsel.		If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps and precautions you feel you need to before doing so, which may include contacting the person who applied the PDM to the work and consulting legal counsel.
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 PDM can also be applied to databases that are not protected by copyright, including databases containing metadata.  The treatment of databases under copyright law varies from jurisdiction to jurisdiction, however, sometimes dramatically.  Additionally, databases are also granted sui generis protection in some jurisdictions, which may limit the ability to extract and/or reuse information from the database even if the information itself in the public domain.  If you are uncertain whether a database is protected by copyright around the world, then you should not mark the database itself with the PDM, but could use PDM to mark unprotected content in the database.
-If you are the creator or maker of a database and want to ensure that anyone can freely extract and reuse content (subject, of course, to other rights that may apply to the contents of the database such as a photograjph still under copyright), then you may wish to consider using CC0 to waive all of your copyright and sui generis database rights in the database itself.  In all cases, clearly marking and labeling the works to which PDM and CC0 apply is important.
+If you are the creator or maker of a database and want to ensure that anyone can freely extract and reuse content (subject, of course, to other rights that may apply to the contents of the database such as a photograph still under copyright), then you may wish to consider using CC0 to waive all of your copyright and sui generis database rights in the database itself.  In all cases, clearly marking and labeling the works to which PDM and CC0 apply is important.
 ==== What about CC’s Public Domain Dedication and Certification?  Can that tool still be used? ====
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 ==== Can anyone use a work that is marked using the PDM? ====
-Yes, the PDM doesn’t restrict who may use a marked work.  Generally, any work free of copyright restrictions can be used for any purpose, even commercial purposes, without asking anyone’s permission first.  Note, [http://www.forfait-mobile.info comparatif forfait mobile] however, that the PDM deed identifies some important caveats under '''Other Information''' that all would-be users of the work should understand.  Among others, it’s possible that a work marked using PDM is not free of all copyright restrictions in all jurisdictions around the world, or that other laws outside of copyright restrict how the work may be used.  Read more about these possibilities and others, below.
+Yes, the PDM doesn’t restrict who may use a marked work.  Generally, any work free of copyright restrictions can be used for any purpose, even commercial purposes, without asking anyone’s permission first.  Note, however, that the PDM deed identifies some important caveats under '''Other Information''' that all would-be users of the work should understand.  Among others, it’s possible that a work marked using PDM is not free of all copyright restrictions in all jurisdictions around the world, or that other laws outside of copyright restrict how the work may be used.  Read more about these possibilities and others, below.
 If you are in doubt about whether or how you can use a PDM-marked work, you should consult with your legal advisor.
@@ Line 77: / Line 77: @@
 ==== Am I really free to use a work marked with the PDM anyway I want, anywhere in the world? ====
-Like all works that are labeled “free of known copyright restrictions,” “in the public domain” or similar – including works published on the Flickr Commons, museum or library websites or elsewhere – the answer is simple: “It depends.”  In this one rjespect, PDM is no different than any other public domain marking system.  That said, one of the most important advantages PDM hask over other systems is that the deed alerts would-be users of a work to '''some''' of the important, potential limitations on their ability to use the work.
+Like all works that are labeled “free of known copyright restrictions,” “in the public domain” or similar – including works published on the Flickr Commons, museum or library websites or elsewhere – the answer is simple: “It depends.”  In this one respect, PDM is no different than any other public domain marking system.  That said, one of the most important advantages PDM has over other systems is that the deed alerts would-be users of a work to '''some''' of the important, potential limitations on their ability to use the work.
 These potential limitations and caveats are highlighted on the PDM deed under '''Other Information'''.   Users are strongly encouraged to review and understand those in advance of using a PDM-marked work (or any other work characterized as part of the public domain, for that matter).
@@ Line 85: / Line 85: @@
 Copyright laws around the world vary; there is no harmonized or standardized copyright law that all jurisdictions follow for purposes of determining when a work is no longer restricted by copyright.  Additionally, circumstances causing a work to become part of the public domain under the laws of one jurisdiction may not cause a similar result under others’ laws. Thus, the identical work may be restricted by copyright in some jurisdictions while free of copyright in others.
-A work may have this limited or “hybrid” public domain status for a variety of reasons.  Some jurisdictions have unusually long copyright terms, which may mean that a work free from copyright restrictions most everywhere else in the world may still be protected by the copyright laws of that particular country.  Sometimes a work is no longer restricted by copyright in a jurisdiction because the author or owner failed to comply with formalities such as  renewal of registration or publication with notice, where those formalities apply.  It could also be the case that certain categories of works are not protected by copyright by operation of law in a particular [http://www.faresoldisuinternet.com/ fare soldi] jurisdiction, but may be afforded protection under the copyright laws of other jurisdictions.  This is the case, for example, with [http://www.usa.gov/copyright.shtml U.S. government works].
+A work may have this limited or “hybrid” public domain status for a variety of reasons.  Some jurisdictions have unusually long copyright terms, which may mean that a work free from copyright restrictions most everywhere else in the world may still be protected by the copyright laws of that particular country.  Sometimes a work is no longer restricted by copyright in a jurisdiction because the author or owner failed to comply with formalities such as  renewal of registration or publication with notice, where those formalities apply.  It could also be the case that certain categories of works are not protected by copyright by operation of law in a particular jurisdiction, but may be afforded protection under the copyright laws of other jurisdictions.  This is the case, for example, with [http://www.usa.gov/copyright.shtml U.S. government works].
 CC does not recommend the current version of PDM for works with are in public domain in some jurisdictions but known to be restricted by copyright in others.  Even when this recommendation is followed, however, you should be aware that the possibility still exists. We choose to alert would-be users to that possibility up front, however remote it may be.
@@ Line 105: / Line 105: @@
 No, there is no legal requirement that you credit the author of the original work or the person who identified the work, only a request that you do so voluntarily if requested and the means are provided for doing so.
-For purposes of author/work citation, the PDM deed provides HTML code that can be copy and pasted into a webpage to easily cite the author and the work if the person who marked the worked provided that information.  We encourage you to take advanthage of this copy/paste citation feature whenever possible.
+For purposes of author/work citation, the PDM deed provides HTML code that can be copy and pasted into a webpage to easily cite the author and the work if the person who marked the worked provided that information.  We encourage you to take advantage of this copy/paste citation feature whenever possible.
 ==== How can I be sure that I can use the work as I would like? ====
@@ Line 111: / Line 111: @@
 The Public Domain Mark contains a disclaimer of warranties just like our licenses and CC0, so there is no assurance whatsoever that the work is free of all copyright restrictions in every jurisdiction around the world just because the mark is applied.  You should also be aware of restrictions or limitations beyond copyright that may apply, such privacy, publicity, personal data laws and the like.
-If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps ankd precautions you feel you need to before doing so, which may include contacting the person who applied the PDM to the work and consulting legal counsel.
+If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps and precautions you feel you need to before doing so, which may include contacting the person who applied the PDM to the work and consulting legal counsel.

@@ Line 45: / Line 45: @@
 ==== Who can apply the Public Domain Mark to a work? ====
-Anyone who believes a work is free of known copyright restrictions may use the PDM.  Keep in mind, however, that the PDM is recommended only for works that are free of known copyright restrictions around the world.  Note, You should not apply the PDM to works that you know are only in the public domain in a limited number of jurisdictions.  We anticipate that most of the time, the PDM in its current form will only be applied to very old works.
+Anyone who believes a work is free of known copyright restrictions may use the PDM.  Keep in mind, however, that the PDM is recommended only for works that are free of known copyright restrictions around the world.  You should not apply the PDM to works that you know are only in the public domain in a limited number of jurisdictions.  We anticipate that most of the time, the PDM in its current form will only be applied to very old works.
 ==== If I apply the PDM to a work, am I warranting or promising that the work is free of copyright around the world? ====
-No, not unless the law otherwise provides or you want to provide a separate warranty to that effect.  Like all CC legal tools, the PDM deed includes express disclaimers of warranties and liabilities, to the extent those are enforceable under applicable laws.  Additionally, the PDM deed puts users on notice that the  work may not be free of copyright restrictions in all jurisdictions.  That notice is intended to caution would-be users of the work that it can be difficult to account for all laws and all possible underlying factual circumstances that impact the copyright status of a particular work in every jurisdiction. For example, do not hesitate to play and learn with the professionnal !
+No, not unless the law otherwise provides or you want to provide a separate warranty to that effect.  Like all CC legal tools, the PDM deed includes express disclaimers of warranties and liabilities, to the extent those are enforceable under applicable laws.  Additionally, the PDM deed puts users on notice that the  work may not be free of copyright restrictions in all jurisdictions.  That notice is intended to caution would-be users of the work that it can be difficult to account for all laws and all possible underlying factual circumstances that impact the copyright status of a particular work in every jurisdiction.
 Notwithstanding the disclaimers and notice, if you know that a work you would like to mark is still in copyright in one or more jurisdictions, please do not apply the PDM.  We are working on other means for marking works that are in the public domain in some jurisdictions while still restricted by copyright in others, and hope to publish that soon.

@@ Line 46: / Line 46: @@
 Anyone who believes a work is free of known copyright restrictions may use the PDM.  Keep in mind, however, that the PDM is recommended only for works that are free of known copyright restrictions around the world.  Note, You should not apply the PDM to works that you know are only in the public domain in a limited number of jurisdictions.  We anticipate that most of the time, the PDM in its current form will only be applied to very old works.
 ==== If I apply the PDM to a work, am I warranting or promising that the work is free of copyright around the world? ====
@@ Line 59: / Line 57: @@
 Our [http://creativecommons.org/choose/mark PDM Chooser] will lead you through process. When completed, you will be provided with HTML code that you can copy and paste into your website. Please be aware that it is up to you, the person identifying the work, to publish the work marked with the PDM to your website or elsewhere. Creative Commons does not publish any works and cannot accept responsibility for doing so.
 ==== What are the benefits of including the information requested by the PDM Chooser? ====
@@ Line 96: / Line 92: @@
 ==== What practices do those who apply PDM to works use to arrive at a determination that a work is free of known copyright? ====
-That will depend.  CC has not established standards, expectations or even suggested practices for those choosing to apply the mark. Nor are we qualified to do so.  Every institution and individual applying the mark must exercise their own judgment for marking works they wish to indicate are free of known copyright.  Our hope is that those practices will be published widely and made transparent so that would-be users of PDM-marked works are able to understand the review that was undertaken.  We also encourage potential users of PDM-marked works to inquire about those practices with the identifying institution or individual if they want to know more. Don"t forget to visit the two best French ressource about that : [http://www.blackjack-france.fr/ French blackjack website] [http://www.sevilla2020.org/ Sevilla2020] [http://xn--assurancesant-nhb.org/ Mutuelle santé] and [http://unelettredemotivation.fr/ Lettredemotivation]
+That will depend.  CC has not established standards, expectations or even suggested practices for those choosing to apply the mark. Nor are we qualified to do so.  Every institution and individual applying the mark must exercise their own judgment for marking works they wish to indicate are free of known copyright.  Our hope is that those practices will be published widely and made transparent so that would-be users of PDM-marked works are able to understand the review that was undertaken.  We also encourage potential users of PDM-marked works to inquire about those practices with the identifying institution or individual if they want to know more.
 Unless otherwise stated to the contrary, however, the person applying the PDM to a work is not guaranteeing anything about it, including what processes or diligence they engaged in before applying the PDM to a work.  Creative Commons does not verify the copyright status of works to which the Public Domain Mark has been applied.
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 ==== Am I required to attribute the author of the work, or the person who applied the PDM to the work? ====
-No, there is no legal requirement that you credit the author of the original work or the person who identified the work, only a request that you do so voluntarily if requested and the means are provided for doing so. Once again one of the best ressource about that is a french website : [http://www.parasol-factory.com/ Parasol]
+No, there is no legal requirement that you credit the author of the original work or the person who identified the work, only a request that you do so voluntarily if requested and the means are provided for doing so.
 For purposes of author/work citation, the PDM deed provides HTML code that can be copy and pasted into a webpage to easily cite the author and the work if the person who marked the worked provided that information.  We encourage you to take advanthage of this copy/paste citation feature whenever possible.
@@ Line 117: / Line 113: @@
 If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps ankd precautions you feel you need to before doing so, which may include contacting the person who applied the PDM to the work and consulting legal counsel.

← Older revision	Revision as of 13:27, 19 September 2012
(No difference)

@@ Line 90: / Line 90: @@
 Copyright laws around the world vary; there is no harmonized or standardized copyright law that all jurisdictions follow for purposes of determining when a work is no longer restricted by copyright.  Additionally, circumstances causing a work to become part of the public domain under the laws of one jurisdiction may not cause a similar result under others’ laws. Thus, the identical work may be restricted by copyright in some jurisdictions while free of copyright in others.
-A work may have this limited or “hybrid” public domain status for a variety of reasons.  Some jurisdictions have unusually long copyright terms, which may mean that a work free from copyright restrictions most everywhere else in the world may still be protected by the copyright laws of that particular country.  Sometimes a work is no longer restricted by copyright [http://www.mutuelle-des-animaux.com mutuelle animaux] in a jurisdiction because the author or owner failed to comply with formalities such as  renewal of registration or publication with notice, where those formalities apply.  It could also be the case that certain categories of works are not protected by copyright by operation of law in a particular [http://www.faresoldisuinternet.com/ fare soldi] jurisdiction, but may be afforded protection under the copyright laws of other jurisdictions.  This is the case, for example, with [http://www.usa.gov/copyright.shtml U.S. government works].
+A work may have this limited or “hybrid” public domain status for a variety of reasons.  Some jurisdictions have unusually long copyright terms, which may mean that a work free from copyright restrictions most everywhere else in the world may still be protected by the copyright laws of that particular country.  Sometimes a work is no longer restricted by copyright in a jurisdiction because the author or owner failed to comply with formalities such as  renewal of registration or publication with notice, where those formalities apply.  It could also be the case that certain categories of works are not protected by copyright by operation of law in a particular [http://www.faresoldisuinternet.com/ fare soldi] jurisdiction, but may be afforded protection under the copyright laws of other jurisdictions.  This is the case, for example, with [http://www.usa.gov/copyright.shtml U.S. government works].
-CC does not recommend the current version of PDM for works with are in public domain in some jurisdictions but known to be restricted by copyright in others.  Even when this recommendation is followed, however, you should be aware that the possibility still exists. We choose to alert the [http://www.mutuelle-des-animaux.com/mutuellechien/ mutuelle chien] would-be users to that possibility up front, however remote it may be...
+CC does not recommend the current version of PDM for works with are in public domain in some jurisdictions but known to be restricted by copyright in others.  Even when this recommendation is followed, however, you should be aware that the possibility still exists. We choose to alert would-be users to that possibility up front, however remote it may be...
 ==== What practices do those who apply PDM to works use to arrive at a determination that a work is free of known copyright? ====