Difference between revisions of "CC0 Development Process"
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General comments may be directed to [http://lists.ibiblio.org/mailman/listinfo/cc-community] | General comments may be directed to [http://lists.ibiblio.org/mailman/listinfo/cc-community] | ||
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− | + | ||
− | + | = Legal Feedback = | |
== Needed clarifications == | == Needed clarifications == | ||
What makes CC0 Active? is it not active till published with disclaimer? | What makes CC0 Active? is it not active till published with disclaimer? | ||
− | = | + | == other Rights == |
Is this a copyright waiver = No Rights Reserved or something broader that waives other rights like: | Is this a copyright waiver = No Rights Reserved or something broader that waives other rights like: | ||
*Patents[http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/006285.html] | *Patents[http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/006285.html] | ||
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*Database Rights | *Database Rights | ||
− | == | + | == signatures == |
*Do we need signatures to be active or enforceable? [http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/006301.html] [http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/006304.html notes on relevance of signature] | *Do we need signatures to be active or enforceable? [http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/006301.html] [http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/006304.html notes on relevance of signature] | ||
*Can a serious of emails qualify as a signature? | *Can a serious of emails qualify as a signature? | ||
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== jurisdiction specific == | == jurisdiction specific == | ||
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− | = Other | + | == Other PD resources == |
* ODC Public Domain Dedication and Licence is a simuler license and should be considered in the process. [http://www.opendatacommons.org/odc-public-domain-dedication-and-licence/] [http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/006285.html comment from Jordan Hatcher] [http://www.opencontentlawyer.com/2008/01/16/dissecting-cczero/ other included comment here] | * ODC Public Domain Dedication and Licence is a simuler license and should be considered in the process. [http://www.opendatacommons.org/odc-public-domain-dedication-and-licence/] [http://lists.ibiblio.org/pipermail/cc-licenses/2008-January/006285.html comment from Jordan Hatcher] [http://www.opencontentlawyer.com/2008/01/16/dissecting-cczero/ other included comment here] | ||
− | * | + | * XXXXX |
+ | |||
+ | |||
+ | = Tool / usability Feedback = | ||
+ | |||
+ | *warning needed, or some way to let people know what rights they need to make this dedication. | ||
+ | * need to express more in the meta data (early comment): The current metadata states "all copyright, moral rights, database rights, and any other rights that might be asserted over X." | ||
+ | |||
+ | == Human Readable Deed == | ||
+ | * the deed needs to be more specific listing rights waived beyond copyright. (Several sources) | ||
= FAQ's needed = | = FAQ's needed = |
Revision as of 19:08, 3 July 2008
Feedback and summaries of the CCZero community feedback process will be posted here. You are invited to add to this discussion. Comments can be made on this page, the discussion page or on related lists.
Contents
Status
We are currently in Beta Draft 2 and actively soliciting public comment. More general information and resources on CC0 can be found at [1]. This will also be a topic of discussion at Isummit.
Feedback on the legal tools should be directed to the cc-licenses mailing list. Only subscribers may post and the list is moderated so that off-topic posts do not burden subscribers. To join go to [2]
Similarly, technology feedback should be directed to [3]
General comments may be directed to [4]
Legal Feedback
Needed clarifications
What makes CC0 Active? is it not active till published with disclaimer?
other Rights
Is this a copyright waiver = No Rights Reserved or something broader that waives other rights like:
- Patents[5]
- Trademarks
- Unfair competition
- Privacy rights
- Publicity rights
- Commercial rights
- Database Rights
signatures
- Do we need signatures to be active or enforceable? [6] notes on relevance of signature
- Can a serious of emails qualify as a signature?
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.
Other PD resources
- ODC Public Domain Dedication and Licence is a simuler license and should be considered in the process. [7] comment from Jordan Hatcher other included comment here
- XXXXX
Tool / usability Feedback
- warning needed, or some way to let people know what rights they need to make this dedication.
- need to express more in the meta data (early comment): The current metadata states "all copyright, moral rights, database rights, and any other rights that might be asserted over X."
Human Readable Deed
- the deed needs to be more specific listing rights waived beyond copyright. (Several sources)
FAQ's needed
- Is CC keeping track of PD stuff? No
- Is CC0 about branding? No it is about expressing rights and uses the rel(rights expression language) is more important then CC0 description.
- 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." Evan
- Possible answer:
Universal instead of US
- Possible answer: "the key difference from a legal standpoint is that the current CC PD dedication covers only copyright and that CCZero waiver covers other rights as well (and not just database rights)."Jordan on cc-Licenses
moral rights issues
- 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?
moral rights and the conversation for CC v3.01 is relevant [[8]]