Version 4 - Revision history

CCID-shinchpearson: /* Other resources */

2014-02-18T22:37:50Z

‎Other resources

CCID-jane: /* Other resources */

2014-01-30T17:59:57Z

‎Other resources

Kat Walsh: Category:Legal

2013-11-26T18:33:40Z

Category:Legal

Kat Walsh: /* Other resources */ add link to blog post

2013-11-26T18:27:39Z

‎Other resources: add link to blog post

CCID-diane peters: /* Copyright-like rights */

2013-11-26T14:24:03Z

‎Copyright-like rights

CCID-shinchpearson: /* Private adaptations expressly authorized under 4.0 ND licenses */

2013-11-26T00:32:16Z

‎Private adaptations expressly authorized under 4.0 ND licenses

CCID-shinchpearson: /* Effective technological measures (digital rights management) */

2013-11-26T00:19:57Z

‎Effective technological measures (digital rights management)

CCID-shinchpearson: /* Deprecation of the NonCommercial licenses */

2013-11-26T00:11:13Z

‎Deprecation of the NonCommercial licenses

CCID-shinchpearson: /* Scope */

2013-11-26T00:08:56Z

‎Scope

CCID-diane peters: /* Private adaptations expressly authorized under 4.0 ND licenses */

2013-11-25T23:40:40Z

‎Private adaptations expressly authorized under 4.0 ND licenses

@@ Line 125: / Line 125: @@
 * [https://creativecommons.org/weblog/entry/40768 Blog post announcing 4.0 launch]
 * Current [[4.0_adoptions]]
 ===Notes===

@@ Line 124: / Line 124: @@
 * [http://lists.ibiblio.org/pipermail/cc-licenses/ License development public email list archives, documenting 4.0 discussion and comments]
 * [https://creativecommons.org/weblog/entry/40768 Blog post announcing 4.0 launch]
 ===Notes===

← Older revision		Revision as of 18:33, 26 November 2013
Line 127:		Line 127:
	===Notes===		===Notes===
	<references/>		<references/>
		+
		+	[[Category:Legal]]

@@ Line 123: / Line 123: @@
 * [[4.0|4.0 wiki pages documenting proposals and decisions]]
 * [http://lists.ibiblio.org/pipermail/cc-licenses/ License development public email list archives, documenting 4.0 discussion and comments]
 ===Notes===
 <references/>

@@ Line 16: / Line 16: @@
 ===Copyright-like rights===
-The second compelling reason to version involved ongoing challenges associated with [[FAQ#What_are_sui_generis_database_rights.3F|sui generis database rights]], and awareness of [http://creativecommons.org/weblog/entry/25560 persistent efforts] to create still more copyright-like rights. These rights can interfere with use of copyrighted works if not addressed intentionally within the licenses.  The 3.0 unported licenses are [http://www.ivir.nl/publications/guibault/SCL_2011_6.pdf silent] in both regards, and because of that are less than ideal in their treatment of them. However, it has since become apparent [http://creativecommons.org/weblog/entry/30676 by 2011] that our licenses needed to address those rights more clearly and affirmatively if we were to stem the proliferation of custom licenses and other incompatible licensing solutions trying to fill this gap in the 3.0 suite.
+The second compelling reason to version involved ongoing challenges associated with [[FAQ#What_are_sui_generis_database_rights.3F|sui generis database rights]], and awareness of [http://creativecommons.org/weblog/entry/25560 persistent efforts] to create still more copyright-like rights. These rights can interfere with use of copyrighted works if not addressed intentionally within the licenses.  The 3.0 unported licenses are [http://www.ivir.nl/publications/guibault/SCL_2011_6.pdf silent] in both regards, and because of that are less than ideal in their treatment of them. However, it had become apparent [http://creativecommons.org/weblog/entry/30676 by 2011] that our licenses needed to address those rights more clearly and affirmatively if we were to stem the proliferation of custom licenses and other incompatible licensing solutions trying to fill this gap in the 3.0 suite.
 [http://creativecommons.org/weblog/entry/29639 More information on reasons underlying the decision to version]

@@ Line 105: / Line 105: @@
 ===Private adaptations expressly authorized under 4.0 ND licenses===
-Through version 3.0, the NoDerivatives (ND) condition has operated as a limit on the license grant itself—it prohibits the creation of derivative works. However, because it’s difficult to determine whether private adaptations are being made using ND-licensed works, the NoDerivatives restriction is poorly equipped to regulate private use.
+[[License_Versions#Adaptations_of_NoDerivatives_material_permitted_when_not_shared|Through version 3.0]], the NoDerivatives (ND) condition has operated as a limit on the license grant itself—it prohibits the creation of derivative works. However, because it’s difficult to determine whether private adaptations are being made using ND-licensed works, the NoDerivatives restriction is poorly equipped to regulate private use.
-However, intellectual property laws vary around the world, including in regard to adaptations. Additionally, material may be restricted by exclusive rights arising from different sources. For example, in Europe, databases can be restricted by both copyright and sui generis database rights. When content is covered by more than just one type of exclusive right, it is difficult to determine whether a particular use is permitted by the applicable rights regimes. This uncertainty is problematic for content licensed under a NoDerivatives license where the threshold for ascertaining whether an adaptation has been created is driven by applicable law.
+However, intellectual property laws vary around the world, including in regard to adaptations. Additionally, material may be restricted by exclusive rights arising from different sources. For example, in Europe, databases can be restricted by both copyright and sui generis database rights. When content is covered by more than just one type of exclusive right, it is difficult to determine whether a particular use is permitted by the applicable rights regimes. This uncertainty is problematic for content licensed under a NoDerivatives license where the threshold for ascertaining [[FAQ#When_is_my_use_considered_an_adaptation.3F|whether an adaptation has been created]] is driven by applicable law.
-The 4.0 licenses now cover both copyright and copyright-like rights such as database rights. But, as mentioned above, a downside in expanding the scope of rights granted is the potential confusion over whether a particular use is permitted. This affects users wishing to use 4.0-licensed content under fair use, fair dealing, or another limitation or exception to copyright rights. Since the limitations and exceptions available under copyright-like rights are not identical to those available under copyright, licensees might choose not to avail themselves of these limitations and exceptions at all. This is problematic for Creative Commons given our longstanding commitment to both preserving limitations and exceptions, and encouraging licensees to depend on them whenever possible.
+The 4.0 licenses now cover both [[FAQ#Can_I_use_CC_licenses_to_license_rights_other_than_copyright.3F|copyright and copyright-like rights]] such as database rights. But, as mentioned above, a downside in expanding the scope of rights granted is the potential confusion over whether a particular use is permitted. This affects users wishing to use 4.0-licensed content under fair use, fair dealing, or another limitation or exception to copyright rights. Since the limitations and exceptions available under copyright-like rights are not identical to those available under copyright, licensees might choose not to avail themselves of these limitations and exceptions at all. This is problematic for Creative Commons given our longstanding commitment to both preserving limitations and exceptions, and encouraging licensees to depend on them whenever possible.
 From a policy perspective, it is important to establish a default in the license that counters the complexity that the expanded scope of the license creates. The most logical policy choice is to always allow adaptations in situations typically beyond the reach of copyright, such as in private use. Adopting a rule that allows for the private creation and use, but not sharing, of adaptations makes logical sense, as a practical matter is fairly limited in the copyright context, and preserves the intent of the original ND licensor.
-So, in the 4.0 NoDerivatives licenses, we have chosen to allow the creation and use of adaptations provided they are not publicly shared. This means those engaging in private remixing of 4.0 ND-licensed content, such as may happen during text and data mining, can do so without worrying about inadvertently running afoul of the ND condition. However, note that remixers of 4.0 BY-NC-ND licensed content need to abide by the NonCommercial (NC) limitation where the any reuse (public or private) implicates any rights in the work for which no applicable limitation or exception applies. Look for more information shortly following the launch on the implications of this change.
+So, in the 4.0 NoDerivatives licenses, we have chosen to [[4.0/Treatment_of_adaptations#Draft_4|allow the creation and use of adaptations provided they are not publicly shared]]. This means those engaging in private remixing of 4.0 ND-licensed content, such as may happen during text and data mining, can do so without worrying about inadvertently running afoul of the ND condition. However, note that remixers of 4.0 BY-NC-ND licensed content need to abide by the NonCommercial (NC) limitation where the any reuse (public or private) implicates any rights in the work for which no applicable limitation or exception applies. Look for more information shortly following the launch on the implications of this change.
 CC plans to continue to encourage the expansion of limitations and exceptions, and other reforms, to allow greater reuse of content restricted by copyright and copyright-like rights, consistent with our recent [https://creativecommons.org/about/reform policy statement].

@@ Line 97: / Line 97: @@
 ===Effective technological measures (digital rights management)===
-We intentionally surfaced proposals from [[Version_3#DRM|earlier versioning efforts]] on the topic of allowing licensees to apply DRM, knowing that our community cares deeply about this topic and holds passionate opinions across the spectrum. We [[4.0/Technical_protection_measures#Draft_2|were not persuaded]], however, that allowing licensees to affirmatively apply ETMs on others’ works on the condition they provide a parallel “source” or other condition is an effective outcome. Nor would it provide benefits outweighing the many problems created in turn. But most importantly, we see no reason at a policy level to differentiate between prohibiting licensees from imposing '''''legal''''' restrictions that restrict exercise of the licensed rights – an essential and long-standing prohibition and tradition in our licenses – and prohibiting the application of technologies that have the '''''effect''''' of imposing legal restrictions on reuse.
+We intentionally surfaced proposals from [[Version_3#DRM|earlier versioning efforts]] on the topic of allowing licensees to apply DRM, knowing that our community cares deeply about this topic and holds passionate opinions across the spectrum. We [[4.0/Technical_protection_measures#Draft_2|were not persuaded]], however, that allowing licensees to affirmatively apply ETMs on others’ works on the condition they provide a parallel “source” or other condition is an effective outcome. Nor would it provide benefits outweighing the many problems created in turn. But most importantly, we see no reason at a policy level to differentiate between prohibiting licensees from imposing '''''legal''''' restrictions that restrict exercise of the licensed rights – an essential and long-standing prohibition and tradition in our licenses – and prohibiting the application of technologies that have the '''''effect''''' of [[FAQ#Can_I_use_effective_technological_measures_.28such_as_DRM.29_when_I_share_CC-licensed_material.3F|imposing legal restrictions on reuse]].
-However, we were persuaded that licensees ought have express permission – to the extent the licensor can grant it – to break such measures in order to exercise the rights CC licenses grant.  In 4.0, licensees are affirmatively granted permission to circumvent effective technological measures placed on the work.  We were convinced by the argument that this more completely positions CC on the issue of DRM – adding express permission<ref>This permission is implied in 3.0; we now make it explicit in 4.0.</ref> to circumvent grants a permission that is important to enabling reuse of CC-licensed works consistent with the sprit of licenses voluntarily applied by creators.  We will be cautious in our guidance to licensees about what the provision does and does not enable per the advice of our affiliates.
+However, we were persuaded that licensees ought have express permission – to the extent the licensor can grant it – to break such measures in order to exercise the rights CC licenses grant.  In 4.0, licensees are affirmatively [[FAQ#What_if_I_received_CC-licensed_material_encumbered_with_effective_technological_measures_.28such_as_DRM.29.3F|granted permission to circumvent effective technological measures]] placed on the work.  We were convinced by the argument that this more completely positions CC on the issue of DRM – adding express permission<ref>This permission is implied in 3.0; we now make it explicit in 4.0.</ref> to circumvent grants a permission that is important to enabling reuse of CC-licensed works consistent with the sprit of licenses voluntarily applied by creators.  We will be cautious in our guidance to licensees about what the provision does and does not enable per the advice of our affiliates.
 [[4.0/Technical_protection_measures|More information on the treatment of TPMs in 4.0]]

@@ Line 87: / Line 87: @@
 ====Deprecation of the NonCommercial licenses====
-Mid-way through the 4.0 process, [[4.0/NonCommercial#Proposals_for_4.0|proposals surfaced]] to deprecate or not to version the three NonCommercial licenses (BY-NC, BY-NC-ND, and BY-NC-SA), or [[4.0/NonCommercial#Draft_3|rename the NC licenses]] “Commercial Rights Reserved” or another name.  This occurred once we had settled on not changing the definition of NonCommercial (see above).  At that juncture, we [https://creativecommons.org/weblog/entry/33874 de-coupled] the versioning process from the renaming and deprecation [https://creativecommons.org/weblog/entry/35773 consultation].  The outcomes of that consultation are documented on our [[NC_ND_discussion#Why_not_something_more_radical.3F|wiki]] and [http://creativecommons.org/weblog/entry/40144 blog].
+Mid-way through the 4.0 process, [[4.0/NonCommercial#Proposals_for_4.0|proposals surfaced]] to deprecate or not to version the three NonCommercial licenses (BY-NC, BY-NC-ND, and BY-NC-SA), or [[4.0/NonCommercial#Draft_3|rename the NC licenses]] “Commercial Rights Reserved” or another name.  This occurred once we had settled on not changing the definition of NonCommercial (see [[Version_4#Scope_2|above]]).  At that juncture, we [https://creativecommons.org/weblog/entry/33874 de-coupled] the versioning process from the renaming and deprecation [https://creativecommons.org/weblog/entry/35773 consultation].  The outcomes of that consultation are documented on our [[NC_ND_discussion#Why_not_something_more_radical.3F|wiki]] and [http://creativecommons.org/weblog/entry/40144 blog].
 ===Warranties by licensors===

@@ Line 81: / Line 81: @@
 ====Scope====
-We choose not to change the scope of NC in 4.0, but instead retain the same definition as has existed in all versions to date.  The existing definition is one that our community has become accustomed to and relies upon, including some photographers and musicians.  A proposed alternative would have had to be extremely compelling to justify disrupting those expectations.  While some proposals offered had many merits, they all fell short of that difficult standard. Upon close review, proposed alternatives introduced new, additional layers of uncertainty for licensors and licensees and did not result in a net benefit.
+We choose [[License_versions#Definition_of_.22NonCommercial.22|not to change the scope of NC]] in 4.0, but instead retain the same definition as has existed in all versions to date.  The [[FAQ#Does_my_use_violate_the_NonCommercial_clause_of_the_licenses.3F|existing definition]] is one that our community has become accustomed to and relies upon, including some photographers and musicians.  A proposed alternative would have had to be extremely compelling to justify disrupting those expectations.  While some proposals for changing the definition had merit, they all fell short of that difficult standard. Upon close review, proposed alternatives introduced new, additional layers of uncertainty for licensors and licensees and did not result in a net benefit.
 [[4.0/NonCommercial|More information on the treatment of NonCommercial in 4.0]]

@@ Line 115: / Line 115: @@
 So, in the 4.0 NoDerivatives licenses, we have chosen to allow the creation and use of adaptations provided they are not publicly shared. This means those engaging in private remixing of 4.0 ND-licensed content, such as may happen during text and data mining, can do so without worrying about inadvertently running afoul of the ND condition. However, note that remixers of 4.0 BY-NC-ND licensed content need to abide by the NonCommercial (NC) limitation where the any reuse (public or private) implicates any rights in the work for which no applicable limitation or exception applies. Look for more information shortly following the launch on the implications of this change.
-Note that CC plans to continue to encourage the expansion of limitations and exceptions, and other reforms, to allow greater reuse of content restricted by copyright and copyright-like rights, consistent with our recent [https://creativecommons.org/about/reform policy statement].
+CC plans to continue to encourage the expansion of limitations and exceptions, and other reforms, to allow greater reuse of content restricted by copyright and copyright-like rights, consistent with our recent [https://creativecommons.org/about/reform policy statement].
 ===Other resources===