Difference between revisions of "CC0 Development Process"
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== Other PD resources == | == 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/ copy of the license] [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/ copy of the license] [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] | ||
− | * | + | *[http://commons.wikimedia.org/wiki/Commons:Copyright_tags#Public_domain Public domain definitions for commons.wikimedia.org] |
== moral rights issues == | == moral rights issues == |
Revision as of 21:30, 3 July 2008
Feedback and summaries of the CCZero community feedback process will be posted here. This is not a complete list of all feedback just a summery. If we missed your comment or concern 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
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 [7] Waivers may solve this issue... can't renounce but can waive. There are possibly conflicting statutes in some latin ammerican countries on this issue [8]
- Spain = similar issues in Spain as Chile: PD = waived rights and some rights can not be waived. David on the cc-licenses list
- 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. copy of the license comment from Jordan Hatcher other included comment here
- Public domain definitions for commons.wikimedia.org
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 [[9]]
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
- What makes CC0 Active? publication or the work with the CC0 wavier/license