Feedback and summaries of the CC0 community feedback process will be posted here. This is not a complete list of all feedback, just a summary. We have provided links to specific comments whenever possible. 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 noted below.

Status

CC0 is in Beta Draft 2 and actively soliciting public comment. More general information and resources on CC0 can be found here. This will also be a topic of discussion at the iSummit legal day At that time, we hope to conclude the public comment process and address wherever possible the feedback collected as of that date.

Feedback on the deed and legal code should be directed to the cc-licenses mailing list. To join go to cc-license list

General comments may be posted on the cc-community list here

Deed and Legal Code Feedback

Scope of Rights being Waived

Is this a copyright waiver, like "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 Requirements

• Does the waiver require a signature in order to be effective or enforceable? [2] notes on relevance of signature
• How might a signature be obtained: via emails; a la CC's current PDD process; other?

Restrictions and Limitations on Waiving Moral Rights

Several CCi project leads and community members have commented on the restrictions and limitations on waiving moral rights, particularly in European jursidctions, such as

• German Moral rights are unalienable [3]
• Under Australian law, you can consent to specific instances of infringement of your moral rights, but you cannot waive 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 comment from Gisle(law cite needed)
• UK may require a signature for waiving moral right 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. [4]
• moral rights and the conversation from CC v3.01 is relevant [5]
• Solution? The only possible solution under monistic systems with strong moral rights would probably be an assertion to never claim and enforce any unwaivable right in the work. But courts won't be readily willing to uphold such an auxilliary construction designed to circumvene non-dispositive law. cc-license list John Hendrik Weitzmann

Jurisdiction-Specific Comments (not otherwise captured)

• Chile = copyright act - art. 86 ...all the patrimonial rights as unrenunciable by authors [6] Waivers may solve this issue... can't renounce but can waive. There are possibly conflicting statutes in some latin ammerican countries on this issue [7]
• Spain = similar issues in Spain as Chile: PD = waived rights and some rights can not be waived. David on the cc-licenses list

Other PD Waiver/License Resources and References

• ODC Public Domain Dedication and License is a similar license and should be considered in the process. copy of the license comment from Jordan Hatcher other included comment here only deals with copyright and DB rights
• Public domain definitions for commons.wikimedia.org States the nature of why a work may be in the PD
• wikipedia PD-Self Very simple declaration of

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."
• To be useful you need to explain why you think something is PD. Geni from cc-license Note: this may be more applicable to CC0 Assert which is on hold

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?

1. 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

1. Possible answer: Universal instead of US
2. Possible answer: "the key difference from a legal standpoint is that the current CC PD dedication covers only copyright and that CC0 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