Difference between revisions of "CC0 Development Process"
Brian Rowe (talk | contribs) (→jurisdiction specific) |
Brian Rowe (talk | contribs) (→FAQ's needed) |
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*Is CC keeping track of PD stuff? No | *Is CC keeping track of PD stuff? No | ||
*Is it a waiver or a licenses? | *Is it a waiver or a licenses? | ||
| + | *What is the difference between CC0 and the old public domain dedication? | ||
| − | + | #Possible answer: | |
| + | "Using 'CC0' clearly marks the | ||
| + | difference between a work _actually_ being in the public domain, | ||
| + | something that varies by jurisdiction and that the creator can't fully | ||
| + | control (or so we think), to a work being _effectively_ in the public | ||
| + | domain (to the extent possible under applicable law), which the creator | ||
| + | _can_ control." | ||
| + | #Possible answer: | ||
| + | Universal instead of US | ||
| + | |||
| + | |||
| + | = moral rights issues = | ||
moral rights and the conversation for CC v3.01 is relevant [[http://wiki.creativecommons.org/Version_3.01#what_is_CC.27s_moral_rights_policy.3F]] | moral rights and the conversation for CC v3.01 is relevant [[http://wiki.creativecommons.org/Version_3.01#what_is_CC.27s_moral_rights_policy.3F]] | ||
Revision as of 18:21, 3 July 2008
Feedback and summaries of the CCZero community feedback process will be posted here.
Public discussion taking place on
Contents
Status
Tool Beta
- warning needed, or some way to let people know what rights they need to make this dedication.
Needed clarifications
What makes CC0 Active? is it not active till published with disclaimer?
Concerns
Is this a copyright waiver = No Rights Reserved or something broader that waives other rights like:
- Patents[1]
- Trademarks
- Unfair competition
- Privacy rights
- Publicity rights
- Commercial rights
- Database Rights
signature notes
- Do we need signatures to be active or enforceable? [2] notes on relevance of signature
- Can a serious of emails qualify as a signature?
Human Readable Deed
- the deed needs to be more specific listing rights waived beyond copyright. (Several sources)
jurisdiction specific
- Chile = copyright act - art. 86 ...all the patrimonial rights as unrenunciable by authors
- Spain = similar issues in Spain as Chile: PD = waived rights and some rights can not be waived.
- UK may require a signature for waiving moral right (Cite needed)
>> 87 (2)" Any of those rights may be waived by instrument in writing signed by the person giving up the right."
>> 87(4) of course gives us some wiggle room but I'm not sure how well it would work out with regards to moral rights.
- German Moral rights unalienable (Cite needed)
- Australia - You can consent to specific instances of infringement of your moral rights, but you cannot waiver them. s195AW(1) of the Copyright Act 1968 states that it is not an infringement of moral rights if the infringement is within the scope of written consent given by the author. Comment from Elliott Bledsoe
- Norway - moral rights issue (law cite need)
- Europe - Generally a concern due to moral rights
- other?
Other comments
- ODC Public Domain Dedication and Licence is a simuler license and should be considered in the process. [3] comment from Jordan Hatcher other included comment here
- XXXXXXXXXX
FAQ's needed
- Is CC keeping track of PD stuff? No
- Is it a waiver or a licenses?
- What is the difference between CC0 and the old public domain dedication?
- Possible answer:
"Using 'CC0' clearly marks the difference between a work _actually_ being in the public domain, something that varies by jurisdiction and that the creator can't fully control (or so we think), to a work being _effectively_ in the public domain (to the extent possible under applicable law), which the creator _can_ control."
- Possible answer:
Universal instead of US
moral rights issues
moral rights and the conversation for CC v3.01 is relevant [[4]]
