Revision as of 18:10, 1 July 2011

Despite our best efforts, spelling errors and other errata are sometimes included in the published legal code for licenses. Creative Commons publishes SHA1 checksums for legal code, which allows people who receive a copy of the license to easily verify this it has not been tampered with. Therefore Creative Commons does not amend legal code once published.

Creative Commons is planning an errata service which will allow us to record and report the typographical errata for a license without modifying the document itself. This service is currently under development, and will launch at some time in the future (probably 2010). Until that time, this wiki page collects known errata for license legal code. If you discover a spelling error on a license, please record it here. The information on this page will be integrated in the errata service at launch time.

Recurring bugs

by-sa with by-nc-sa as example compatible port

Found in (at least, pending further review). See section 4(b) or 4(β) in the Greece license:

by-sa 3.0 gr
by-sa 3.0 ph
by-sa 2.5 ca (en and fr)
by-sa 2.0 at
by-sa 2.0 ca (en and fr)
by-sa 2.0 de
by-sa 2.0 fr

Header color-coding not correct

The headers of the legalcode are color-coded to indicate the relative openness of the licenses. A green header means more open, and this is only applied to the BY and BY-SA licenses. The BY-NC, BY-NC-ND, BY-NC-SA and BY-ND legalcode should have a yellow header.

Has a green header, but should be yellow:

by-nc, by-nc-nd, by-nc-sa, by-nd 3.0 gt (Guatemala)
by-nc, by-nc-sa, by-nc-nd, by-nd 3.0 ec (Ecuador)
by-nc, by-nc-sa, by-nc-nd, by-nd 3.0 lu (Luxembourg)

Has a yellow header, but should be green:

by, by-sa 3.0 gr (Greece)

"Creative Commons Compatible License" Clause

In BY-SA licenses, the "Creative Commons Compatible License" clause in Section 1 should make reference to "Unported" license, as in the example from BY SA 3.0 US: "(ii) explicitly permits the relicensing of derivatives of works made available under that license under this License or either a Creative Commons Unported license or a Creative Commons jurisdiction license with the same License Elements as this License." (italics added)

Licenses without reference to Unported:

by-sa 3.0 ph
by-sa 3.0 nz
by-sa 3.0 no
by-sa 3.0 ro

Incorrect reference to "the Applicable License"

Some 3.0 BY-SA and BY-NC-SA licenses (all English licenses except Australia 3.0) incorrectly refer to "the Applicable License" or "Applicable License" instead of "this License" in section 4(b) where the license reads "You must include a copy of, or the URI, for [ ] License".

Unported License Errata

By Section

Section 3

Section 3(d) "set forth" vs "described"

BY-NC: "including but not limited to the rights set forth is Section 4"
BY-NC-ND: "including but not limited to the rights set forth in Section 4"
BY-NC-SA: "including but not limited to the rights described in Section 4"

Section 3 (various sub) "Section" included or not

BY 3(e)(iii): "Subject to Section 8(f), all rights not expressly granted"
BY-NC 3(d): "Subject to Section 8(f), all rights not expressly granted"
BY-SA 3(e)(iii):"Subject to Section 8(f), all rights not expressly granted"
BY-ND 3(c)(iii):"Subject to Section 8(f), all rights not expressly granted"
BY-NC-SA 3(d): "Subject to Section 8(f), all rights not expressly granted"
BY-NC-ND 3(b): "Subject to 8(f), all rgihts not expressly granted"

Section 3 (various sub) "8(f)" vs "8(e)" All the licenses say "8(f)". They should be as follows:

BY 3(e)(iii): 8(f)
BY-NC 3(d): 8(e)
BY-SA 3(e)(iii): 8(f)
BY-ND 3(c)(iii): 8(e)
BY-NC-SA 3(d): 8(f)
BY-NC-ND 3(b): 8(e)

Section 4

Section 4(b)positioning of lowercase (i)

BY-SA: "only under the terms of: (i) this License"
BY-NC-SA: "only under: (i) the terms of this License"

Section 4(b)"the" included or not

BY-SA: "You must include a copy of, or the URI for, the Applicable License with every copy"
BY-NC-SA: "You must include a copy of, or the URI, for Applicable License with every copy"

Section 4(b)Numerals in BY-SA only

BY-SA:"(I) You must include a copy of"
BY-NC-SA:"You must include a copy of"

BY-SA: "every copy of the Work You Distribute or Publicly Perform; (II) You may not offer"
BY-NC-SA: "every copy of the Work You Distribute or Publicly Perform. You may not"

BY-SA: "the terms of the Applicable License; (III) You must keep intact all notices"
BY-NC-SA: "the terms of the Applicable License. You must keep intact all notices"

BY-SA: "You Distribute or Publicly Perform; (IV) when You Distribute or Publicly Perform the Adaptation"
BY-NC-SA: "You Distribute or Publicly Perform. When You Distribute or Publicly Perform the Adaptation"

Section 4 (various sub) "connection" vs "con-nection"

BY-NC 4(b): "provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works."
BY-NC-SA 4(c): "provided there is no payment of any monetary compensation in con-nection with the exchange of copyrighted works."
BY-NC-ND 4(b): "provided there is no payment of any monetary compensation in connection with the exchange of the copyrighted works."

Section 4 (various sub) Punctuation and "Section" vs "Ssection"

BY 4(b): "the copyright notice or licensing information for the Work; and (iv), consistent with Section 3(b), in the case of Adaptation"
BY-NC 4(c): "the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3(b), in the case of Adaptation"
BY-SA 4(c): "the copyright notice or licensing information for the Work; and (iv), consistent with Ssection 3(b), in the case of Adaptation"
BY-NC-SA 4(d): "the copyright notice or licensing information for the Work; and, (iv) consistent with Section 3(b), in the case of Adaptation"

Section 4(b)Use of "the"

BY-ND: "if a credit for all contributing authors of the Collection appears"
BY-NC-ND: "if a credit for all contributing authors of Collection appears"

Section 4(b) of BY-SA

Last sentence "This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License." Big C Collections should be changed to little c collections or another term.

Section 5

Use of "To"

BY: "Unless Otherwise Mutually Agreed To By the Parties in writing"
BY-NC: "Unless Otherwise Mutually Agreed To By the Parties in writing"
BY-SA: "Unless Otherwise Mutually Agreed To By the Parties in writing"
BY-ND: "Unless Otherwise Mutually Agreed To By the Parties in writing"
BY-NC-SA: "Unless Otherwise Mutually Agreed To By the Parties in writing"
BY-NC-ND: "Unless Otherwise Mutually Agreed By the Parties in writing"

"Merchantibility" vs "Merchantability"

BY: "Including, Without Limitation, Warranties of Title, Merchantibility, Fitness for a Particular Purpose"
BY-NC: "Including, Without Limitation, Warranties of Title, Merchantibility, Fitness for a Particular Purpose"
BY-SA: "Including, Without Limitation, Warranties of Title, Merchantibility, Fitness for a Particular Purpose"
BY-ND: "Including, Without Limitation, Warranties of Title, Merchantibility, Fitness for a Particular Purpose"
BY-NC-SA:"Including, Without Limitation, Warranties of Title, Merchantability, Fitness for a Particular Purpose"
BY-NC-ND: "Including, Without Limitation, Warranties of Title, Merchantibility, Fitness for a Particular Purpose"

"Such" vs "This"

BY: "so Such Exclusion May Not Apply To You"
BY-NC: "so Such Exclusion May Not Apply To You"
BY-SA: "so Such Exclusion May Not Apply To You"
BY-ND: "so Such Exclusion May Not Apply To You"
BY-NC-SA: "so This Exclusion May Not Apply To You"
BY-NC-ND: "so Such Exclusion May Not Apply To You"

"OR THE PRESENCE OF ABSENCE OF ERRORS"... "OF ABSENCE" should be removed. This affects all Unported licenses of versions 2.0, 2.5 and 3.0.

Notice

End of last paragraph "this" vs "the"

BY: "this trademark restriction does not form part of this License."
BY-NC: "this trademark restriction does not form part of the License."
BY-SA: "this trademark restriction does not form part of the License."
BY-ND: "this trademark restriction does not form part of this License."
BY-NC-SA: "this trademark restriction does not form part of this License."
BY-NC-ND: "this trademark restriction does not form part of this License."

By License

BY 3.0 unported

http://creativecommons.org/licenses/by/3.0/legalcode

4(b) has the comma after "and (iv)" instead of between "and" and "iv" like BY-NC and BY-NC-SA.
Section 5 does not include the phrase "And to the Fullest Extent Permitted by Applicable Law," before "Licensor Offers the Work As-IS and Makes No Representations". Only BY-NC-SA has this phrase.

BY-NC 3.0 unported

http://creativecommons.org/licenses/by-nc/3.0/legalcode

The last paragraph of section 3 makes reference to a section 8(f), which doesn't actually exist. Instead, it should refer to section 8(e).
Section 5 does not include the phrase "And to the Fullest Extent Permitted by Applicable Law," before "Licensor Offers the Work As-IS and Makes No Representations". Only BY-NC-SA has this phrase.
Section 5 has the misspelling "Merchantibility". Only BY-NC-SA has the correct spelling.
The Notice at the end says "the License" instead of "this License". BY-SA is also incorrect.

BY-SA 3.0 unported

http://creativecommons.org/licenses/by-sa/3.0/legalcode

1(b) cites 1(f), should cite 1(h).
1(b) says Adaption is defined above, not below as the text states.
4(b) has uppercase roman numerals that are not present in BY-NC-SA.
4(b) should say "this License" instead of "Applicable License".
4(c) has the comma after "and (iv)" instead of between "and" and "(iv)".
4(c) has a spelling error: "(iv) , consistent with Ssection 3(b)".
Section 5 does not include the phrase "And to the Fullest Extent Permitted by Applicable Law," before "Licensor Offers the Work As-IS and Makes No Representations". Only BY-NC-SA has this phrase.
Section 5 has the misspelling "Merchantibility". Only BY-NC-SA has the correct spelling.
The Notice at the end says "the License" instead of "this License". BY-NC is also incorrect.

BY-ND

http://creativecommons.org/licenses/by-nd/3.0/legalcode

The last paragraph of section 3 makes reference to a section 8(f), which doesn't actually exist. Instead, it should refer to section 8(e).
Section 5 does not include the phrase "And to the Fullest Extent Permitted by Applicable Law," before "Licensor Offers the Work As-IS and Makes No Representations". Only BY-NC-SA has this phrase.
Section 5 has the misspelling "Merchantibility". Only BY-NC-SA has the correct spelling.

BY-NC-SA

http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode

3(d) says "including but not limited to the rights described in Section 4" instead of "set forth in Section 4".
4(b) has a mix-up in where the lower case roman numerals begin. It says "You may Distribute or Publicly Perform an Adaptation only under: (i) the terms of this License; (ii) a later version" instead of "only under the terms of: (i) this License; (ii)". BY-SA is correct.
4(b) is missing the word "the" and has a misplaced comma. It says "You must include a copy of, or the URI, for Applicable License with every copy of" instead of "or the URI for, the Applicable License". BY-SA has the "the".
4(b) should say "this License" instead of "Applicable License".
4(b) does not have the upper case roman numerals present in the BY-SA license. Instead of a full stop (.), each clause should end with a semi-colon (;) and be followed by the proper uppercase roman numeral. The numerals and sentences correspond as follows:
- (I) You must include a copy of...
- (II) You may not offer...
- (III) You must keep intact all notices...
- (IV) when You Distribute or Perform the Adaptation.... (the lower case "when" is also different).
4(c) says "no payment of any monetary compensation in con-nection with the exchange" instead of "compensation in connection with".
Section 5 reads "Do Not Allow the Exclusion of Implied Warranties so This Exclusion May Not Apply To You" instead of "so Such Exclusion May Not Apply To You." All other licenses are correct.

BY-NC-ND

http://creativecommons.org/licenses/by-nc-nd/3.0/legalcode

3(b) is missing the word "Section" before "8(f)". It says "Subject to 8(f)" instead of "Subject to Section 8(f), all rights not expressly granted". All other licenses are correct.
The last paragraph of section 3 makes reference to a section 8(f), which doesn't actually exist. Instead, it should refer to section 8(e).
4(b) is missing the word "the". It says "if a credit for all contributing authors of Collection appears" instead of "of the Collection appears". BY-ND has it correctly
Section 5 is missing the word "to". It says "Unless Otherwise Mutually Agreed By the Parties in Writing" instead of "Agreed To By the Parties". All other licenses are correct.
Section 5 does not include the phrase "And to the Fullest Extent Permitted by Applicable Law," before "Licensor Offers the Work As-IS and Makes No Representations". Only BY-NC-SA has this phrase.
Section 5 has the misspelling "Merchantibility". Only BY-NC-SA has the correct spelling.

Individual license errata

by 3.0 us

http://creativecommons.org/licenses/by/3.0/us/legalcode

Section (3) b. includes two semicolons (;). "...or a modification could indicate "The original work has been modified.";;"

by-sa 3.0 us

Section 4(a) (about mid paragraph), the sentence "You may not impose any technological measures on the Work that restrict the ability of a recipient of the Work from You to exercise of the rights granted to that recipient under the terms of the License." The bolded word "of" should not be there.

all 3.0 es (Spain)

Missing jurisdiction flag

by 2.0 de

http://creativecommons.org/licenses/by/2.0/de/legalcode

(1) Lizenzvertrag:

< UNTER DER VORAUSSETZUNGEIN, DASS
---
> UNTER DER VORAUSSETZUNG EIN, DASS

(2) Definitionen:

< f. f. Unter dem „Schutzgegenstand"wird
< verstanden
---
> f. Unter dem „Schutzgegenstand" wird
> verstanden.

(3) Gewährleistung:

< vereinbart,,
---
> vereinbart,

(4) Schlussbestimmungen:

<  a. a. Jedes Mal
---
>  a. Jedes Mal

(5)

< HAT CREATIVE COMMONS ALL RECHTE [...]
< LIZENSGEBERS [...]
< KENIE VERTRAGSPARTEI [...]
< ÜBREEINSTIMMUNG
---
> HAT CREATIVE COMMONS ALLE RECHTE [...]
> LIZENZGEBERS [...]
> DARF KEINE VERTRAGSPARTEI [...]
> ÜBEREINSTIMMUNG

by-sa 2.0 it

http://creativecommons.org/licenses/by-sa/2.0/it/legalcode

4(b) is a repeat of 4(a)
corrected in http://creativecommons.org/licenses/by-sa/2.5/it/legalcode

devnations 2.0 (retired)

http://creativecommons.org/licenses/devnations/3.0/legalcode

economy is misspelled

by, by-nc, by-nc-nd, by-nd, by-sa 2.0 fr

All of these license have a section 5(a)(i) that references a non-existent section 4(e). The by-nc-sa license is not affected and this is probably a by-product of the fact that the by-nc-sa license is usually the template for all the others.

by, by-nc, by-nc-nd, by-nc-sa, by-nd, by-sa 3.0 nl

In the last sentence of section 3 the word 'beschikt' is misspelled (as 'beschickt')

by-nc-nd 2.5 Canada English vs. French

In Section 4(a) of the English, the last paragraph correctly reads as follows, without any reference to the removal of credit from derivative works (which the license obviously doesn't allow):

If You create a Collective Work, upon request from any Licensor You must, to the extent practicable, include or remove from the Collective Work any credit required by clause 4(c).

And in that same Section in the French, the last two paragraphs read:

Si vous créez une œuvre collective, à la demande du concédant, vous devez, dans la mesure du possible, inclure ou retirer de l’œuvre collective toute reconnaissance de l’auteur prévue à l’alinéa 4 c).

Si vous créez une œuvre dérivée, à la demande du concédant, vous devez, dans la mesure du possible, inclure ou retirer de l’œuvre dérivée toute reconnaissance de l’auteur prévue à l’alinéa 4 c).

@@ Line 99: / Line 99: @@
 * BY-ND: "if a credit for all contributing authors of the Collection appears"
 * BY-NC-ND: "if a credit for all contributing authors of Collection appears"
+Section 4(b) of BY-SA
+* Last sentence "This Section 4(b) applies to the Adaptation as incorporated in a Collection, but this does not require the Collection apart from the Adaptation itself to be made subject to the terms of the Applicable License." Big C Collections should be changed to little c collections or another term.
 === Section 5 ===

Difference between revisions of "Legalcode errata"