Difference between revisions of "Version 3.01"

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(presumably this means adding a compatibility hook to BY-NC-SA 3.01 Unported same as exists for BY-SA 3.0)
 
(presumably this means adding a compatibility hook to BY-NC-SA 3.01 Unported same as exists for BY-SA 3.0)
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== what is CC's moral rights policy? ==
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There are three possible CC positions:
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(a) the CC licences impose a right of integrity across all jurisdictions
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(b) the CC licences do not touch moral rights where they cannot be waived
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and remain silent with respect to all other jurisdictions (where MRs are
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waivable or need assertion)
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(c) the CC licences do not touch moral rights where they cannot be waived;
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do not assert them where they require assertion; and waive them where they
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may be waived.
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See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006213.html
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also http://wiki.creativecommons.org/Version_3#International_Harmonization_.E2.80.93_Moral_Rights
  
 
= See also =
 
= See also =

Revision as of 04:00, 22 October 2007

Work on version 3.01 announced 2007-10-11 at http://creativecommons.org/weblog/entry/7718

Public discussion taking place on http://lists.ibiblio.org/mailman/listinfo/cc-licenses

Suggestion tracking

Relative to draft language posted at http://creativecommons.org/weblog/entry/7718

Section 4(f)

and/if

"and You Reproduce" should be "if You Reproduce"

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006195.html

national/local

For consistency "national law" should be "local law"

CC internal suggestion

otherwise permitted

By removing "or as may be otherwise permitted by applicable law" from the first sentence, the clause could be read to be purporting to remove any defences applicable to the infringement of the moral right of integrity (reasonableness).

Suggest adding the words "except as permissible under the local law." to the end of the first sentence.

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006196.html

section rewrite (kaplan)

Except as otherwise agreed in writing by the Original Author, in those jurisdictions in which the moral right of integrity exists and by operation of local law constrains the freedom to adapt or collect licensed Work, where Licensor is the Original Author of the Work and where the exercise of the right granted in Section 3(b) of this Licence (the right to make Adaptations) could violate the Moral Right of integrity of the Original Author, Licensor agrees to waive or not assert, as appropriate, the Moral Right of integrity, to the fullest extent permitted by the applicable national law, as long as You do not distort, mutilate, modify or take other derogatory action in relation to the Work that would be prejudicial to the Original Author’s honour or reputation, so as to enable You to reasonably exercise Your right under Section 3(b) of this Licence but not otherwise.

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006204.html

section rewrite (de rosnay)

To bring some clarity, what about adopting the same phrasing methodology we introduced for collective management?


For the avoidance of doubt:

i. In those countries which do not have moral rights, nothing happens.

ii. In those countries where moral rights cannot be waived, nothing happens.

iii. In those countries which have waivable moral rights or where it is possible to not assert them, the licensor waives or does not assert them

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006205.html and http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006212.html and http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006213.html

Other sections

Proposed scope of change is only Section 4(f).

unported "flag"

For the Unported license, where a national flag is displayed for ported licenses, display an image of the world. Currently, no image is displayed on the human-readable summary; on the legal license, a flag shape with diagonal grey bars is displayed. Advantages: Consistency; the connotation that the Unported license is for generic use in any jurisdiction (vs. another possible connotation, that "Unported" means "raw" or "unfinished" in some sense.)

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006197.html

Concerns tracking

Concerns raised without any suggestion to address.

Section 4(f)

warranty of waiver

In countries where "any exercise of the right granted in Section 3(b) [...] could violate the moral right of integrity of the Original Author", if the Licensor is not the original author, the value of the licence is almost nil (only the reproduction right is effectively licensed). I would be concerned about (a) the lack of either a warranty that moral rights have been cleared or a notice that they haven't, and (b) the potential liability of the Licensor for misleading conduct.

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006196.html

agree in writing, but can't

3.01 version makes it possible for the author and the user to agree in writing that the author waives his moral rights. But that was the problem in the first place: the author can't (in some jurisdictions) legally waive his moral rights so he can't 'agree in writing' that he does. That would mean that the 3.01 version is as legally impossible as the 2.5 version (that is, in the jurisdictions where moral rights can't be waived).

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006201.html

Other sections

what about sui generis rights?

Should 3.01 also address database rights which are addressed in relevant jurisdiction licenses?

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006198.html

Responses:

http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006199.html

  • only appropriate for jurisdiction licenses in jurisdictions with db rights

http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006200.html

  • but unported used in such jurisdictions

compatibility with 3.0 ports

And again, let's stay in 3.0 for the ported licenses and declare that 3.01unported is COMPATIBLE with 3.0 ported. I think this is the easiest way to manage this emerging chaos...

http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006210.html http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006220.html

(presumably this means adding a compatibility hook to BY-NC-SA 3.01 Unported same as exists for BY-SA 3.0)

what is CC's moral rights policy?

There are three possible CC positions:

(a) the CC licences impose a right of integrity across all jurisdictions (b) the CC licences do not touch moral rights where they cannot be waived and remain silent with respect to all other jurisdictions (where MRs are waivable or need assertion) (c) the CC licences do not touch moral rights where they cannot be waived; do not assert them where they require assertion; and waive them where they may be waived.

See http://lists.ibiblio.org/pipermail/cc-licenses/2007-October/006213.html

also http://wiki.creativecommons.org/Version_3#International_Harmonization_.E2.80.93_Moral_Rights

See also

Background to 3.01

Discussions leading to 3.01:

Previous versions

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