Difference between revisions of "4.0/Draft 3/Regional calls"

In March/April 2013, Creative Commons engaged with its affiliates to discuss the thrid and final discussion draft of the version 4.0 licenses.

These conversations gave CC the opportunity to receive feedback n the remaining open license issues from legal experts and others who are deeply familiar with the CC license suite, have experience advising users of the licenses in multiple domains such as education, science, culture, GLAM, data, and public sector information, and understand how the CC licenses operate under varying and sometimes quite intricate national copyright laws.

The following topics were covered in each regional meeting/call, with initial overviews of the issues provided by CC HQ (which are also included below):

Participating jurisdictions:

Africa: Arab World: TBA Asia Pacific: Europe: Latin America:

1. [[#Using This Public License|]]
2. NonCommercial definition
3. Attribution
4. Termination
5. Technical Protection Measures (TPMs)
6. Additional terms
7. Collecting Societies
8. Other items raised (open discussion)

Important Note: The summaries provided below are provided for informational purposes only. These summaries are not necessarily complete, may not correctly or completely reflect the views of the participants, and must not be depended upon for legally accuracy or serve as legal advice.

Using This Public License

Top of the license, before legal code begins.

This new section provides important reminders and information for licensors and licensees. We were inspired to create this new section as a result of an earlier proposal to reintroduce representations and warranties on the part of the licensor. We have decided not to pursue the warranty for some important reasons. Notwithstanding, we do want to encourage responsible licensor behavior and understandings, and to remind licensees of the limits of the license. For licensors, we want them to clear rights and to clearly mark third party content included with the licensed work. We also want to remind them that the license is irrevocable. To be clear, this new section is not part of the license and is not intended to impose binding obligations on licensors.

Questions: Is this new section useful? Are there other pieces of key information that licensors or licensees ought be reminded about before licensing or using the licensed material?

License interpretation

Section 7(a).

This new interpretation provision is designed to provide some predicatability for licensors and licensees about how the license operates. Clarifying within the license has benefits over remaining silent in our judgment. It adds predictability and in rare instances where courts get involved it reminds them of the general rule of interpretation while at the same time giving flexibility to determine that another rules applies given the particular circumstances of the dispute. This rule – interpretation of the rights granted is in accordance with the law in effect where the work is used– is the general rule that applies. It avoids forum shopping and supports other objectives. Note that this clause is only intended to govern a determination as to infringement. It leaves to the relevant authority the ability to conclude which law applies to other matters, such as whether a valid contract has been formed, disclaimers and warranties, and similar.

See the discussion prompt [LINK] and wiki page for details.

Questions: Is including this reference help with predictability, or would it be better to remain silent? Is the general rule drafted adequately?

Africa

Arab World

Asia-Pacific

Europe

Latin America

License grant: scope

Section 2.

Africa

Arab World

Asia-Pacific

Europe

Latin America

Treatment of licensor's publicity and privacy rights

Section 2(b)(1).

Prompt

Africa

Arab World

Asia-Pacific

Europe

Latin America

Attribution and marking

Section 3(a)(1)(D).

Prompt

Africa

Arab World

Asia-Pacific

Europe

Latin America

Treatment of sui generis database rights

Appears throughout the license.

Prompt

Africa

Arab World

Asia-Pacific

Europe

Latin America

NonCommercial

No change to the name of NC: we couldn't reach consensus on this, so we're sticking with the status quo, but may include "Commercial Rights Reserved" in other messaging.

We also removed the word "private" from "private monetary advantage" in the definition; this is not intended to be a substantive change.

Africa

Arab World

Asia-Pacific

Europe

Latin America

Licensing of adaptations under BY and BY-NC

Section 3(d).

Africa

Arab World

Asia-Pacific

Europe

Latin America

Creative Commons Compatible License: definition, inclusion in BY-NC-SA

Section 1(d).

Africa

Arab World

Asia-Pacific

Europe

Latin America

TPMs and permission to circumvent

Section 2(a)(3).

Africa

Arab World

Asia-Pacific

Europe

Latin America

Termination and cure period

Section 5.

Africa

Arab World

Asia-Pacific

Europe

Latin America

Other topics

Africa

Arab World

Asia-Pacific

Europe

Latin America