Difference between revisions of "CC0 Development Process"
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CC0 is at 1.0 and ready for adoption.
CC0 is at 1.0 and ready for adoption.
= and =
[http://creativecommons.org/weblog/entry/8211 Beta Draft 2]
== Scope of Rights being Waived ==
== Scope of Rights being Waived ==
Revision as of 08:15, 4 March 2009
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.
- 1 Status
- 2 Development and Public Comment Process
- 3 Tool / Usability Feedback
- 4 FAQs needed
- 4.1 Other PD Waiver/License Resources and References
- 4.1.1 Community:LibriVox (audio recordings of PD books)
- 4.1.2 Community:Open Clipart
- 4.1.3 Community: Educational
- 4.1.4 Community: Internet archive
- 4.1.5 Community: National Oceanic and Atmospheric Administration
- 4.1.6 Community: Library of Congress
- 4.1.7 Community: MusOpen
- 4.1.8 Community: Open education photos
- 4.1.9 Community: Old Books
- 4.1.10 Community: Open fonts
- 4.1.11 Community: Open Data
- 4.1.12 Community: Wikimedia
- 4.1.13 Community: Wikipedia
- 4.1 Other PD Waiver/License Resources and References
CC0 is at 1.0 and ready for adoption.
Development and Public Comment Process
Scope of Rights being Waived
A few comments sought clarification on the scope of the waiver: does it just waive copyright-specific rights, or is it broader and includes rights such as patents, trademarks, unfair competition, privacy rights, publicity rights, commercial rights, and/or database rights.
These issues were clarified in Beta 2, though trademarks were not addressed and patent rights were only addressed in the context of facts and ideas. We plan to add language to make clear that patent and trademark rights, if any, held by the affirmer are not affected by the waiver.
It was also suggested that we make clear that the waiver does not affect third party rights related to the content, such as publicity and privacy rights. While this is always the case (none of our legal tools purport to affect third party rights), we agree it bears mentioning in the text of the waiver itself. We plan to submit for discussion proposed language to make this clear.
There is some concern in the community that a renouncement of rights cannot be made without a signature. We continue to look at this issue, but it does appear to be solvable in some jurisdictions by inclusion of the alternative license language. This issue is being considered further.
- Does the waiver require a signature in order to be effective or enforceable?  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 jursidictions, such as
- German Moral rights are unalienable 
- 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." Suggesting that 87(4) may provide some wiggle room but unsure how well it would work with regards to moral rights. 
- Comment suggesting that moral rights and the conversation from CC v3.01 is relevant 
- A suggestion that 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, although further suggesting that 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)
Some CCi jurisdictions foresee problems with renouncing unrenuncible rights and have noted where the legal code may conflict with or contradict applicable law.
- Chile = copyright act - art. 86 ...all the patrimonial rights as unrenunciable by authors  Waivers may solve this issue... can't renounce but can waive. There are possibly conflicting statutes in some Latin American countries on this issue 
- Spain = similar issues in Spain as Chile: PD = waived rights and some rights can not be waived. David on the cc-licenses list
Beta 2 works to solve this problem by providing a renouncement, a waiver, and a license if the renouncement and the waiver fail in a particular jurisdiction.
Tool / Usability Feedback
One of the primary goals of CC0 is to provide a tool that is easy to use and understand. CC has received several suggestions for improving the tool, such as:
- A warning is needed, or some way to let people know what rights they need to make this dedication.
CC Note: The issue of informing people as to the rights they need to apply a CC License or Waiver has come up in several contexts. This issue is not unique to CC0 and is being considered.
- The meta data needs to express more information (early comment):
CC Note: The current metadata states "all copyright, moral rights, database rights, and any other rights that might be asserted over X", and will likely be updated as we finalize the legal code.
- To be useful you need to explain why you think something is PD. Geni from cc-license
CC Note: this may be more applicable to the public domain assertion tool but could be useful in the CC0 context also .
Human Readable Deed
Several commentators have suggested that the deed include a more specific listing of rights waived and what is meant by the "neighboring rights" referenced in the legal code. Currently, the deed uses the language "The person who has associated a work with this document affirms that he or she holds the copyright interests in the work, and hereby waives all of those interests and any related or neighboring legal rights in the work." We may update this language once the legal code is finalized.
As with all CC tools specific questions tend to reoccur. Here is a list of current FAQs for CC0 and some of the answers suggested by community members (not yet reviewed by CC):
- Is CC keeping track of PD stuff? No
- Is CC0 about branding? No
- Is it a waiver or a license? It is first a waiver (akin to a quit claim deed or an abandonment of rights), and then alternatively a license if the waiver is not enforceable in a particular jurisdiction
- What is the difference between CC0 and the existing public domain dedication?
- "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
- Universal instead of US-centric
- "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 of the work with the CC0 Waiver
We will be working to reword these informal FAQ's to be more user friendly and expand the topics covered for the official release of CC0.
Other PD Waiver/License Resources and References
CC is not the first to create a public domain waiver. Below is a list of other Public domain resources.
Community:LibriVox (audio recordings of PD books)
Name of tool used: CC public domain dedication with additional warning
Text: LibriVox recordings are in the public domain, which means people can do anything they like with them. Mostly this just means people can listen to them for free. But it also means they can: sell them (for instance on ebay), broadcast them, put them in commercials, play them at political rallies, chop them up, remix them, make music recordings of them. The recordings are free, and there is no need to credit LibriVox, although of course we much prefer if you do credit us (with a link to our site).
Here are some other examples of what people might do (and would have the right to do) with our recordings (and, if your record for us, your recordings):
- make CDs of Romance of Rubber sold as a fundraiser for a charity you don’t like;
- put Origin of the Species as background atmosphere for a pornographic film;
- sample Fables for the Frivolous in a violent rap song;
- use the summary of Frankenstein to promote a major motion picture;
Although these examples are far-fetched, they are all acceptable uses of public domain materials. So be aware of what you are doing when you free your recordings and text into the public domain. You really have to let go!
CC-PD for all art work.
Name of tool: CC-PD dedication
Notes: the website has a footer that claims work is in the public domain and a few mentions of public domain in the FAQ.
Text: The clip art on this website and part of this project are released into the public domain.
Name of tool: Educational PD dedication draft
Notes: This tool has been abandoned
Text: Open Education License Draft Draft 0.9, August 8, 2007. This is a draft document and is not yet intended for use.
The OpenContent Foundation is not a law firm and does not provide legal services. Distribution of this license does not create an attorney-client relationship. The OpenContent Foundation provides this information on an “as-is” basis. The OpenContent Foundation makes no warranties regarding the information provided, and disclaims liability for damages resulting from its use. License
Licensor hereby grants You a worldwide, royalty-free, non-exclusive license to exercise any and all rights in the Work for which You would require a license under current, applicable law, including (but not limited to) the rights to:
- Reuse the work verbatim, just exactly as you found it
- Rework, alter, or transform the work so that it better meets your needs
- Remix and combine the (verbatim or altered) work with other works to better meet your needs
- Redistribute the verbatim work, the altered work, or the remixed work
Representations, Warranties and Disclaimer
Unless otherwise mutually agreed to by the parties in writing, licensor offers the work as-is and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantibility, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of implied warranties, so such exclusion may not apply to you. Limitation on Liability
Except to the extent required by applicable law, in no event will licensor be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the work, even if licensor has been advised of the possibility of such damages.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work).
Community: Internet archive
Tool: CC-PD dedication Notes: the current PD dedication is used to mark both text that are pre 1923 and recent works submitted by others.
Community: National Oceanic and Atmospheric Administration
Notes: Government work, no copyright.
Text: NOAA maintains a library of video footage, which is compiled and categorized by subject. It’s available for the cost of reproduction on a public domain basis — no license or clearance required. It’s requested that you credit “NOAA” or “National Oceanic and Atmospheric Administration,” when using the footage.
Community: Library of Congress
Note: Clear PD item 1917, generic text telling users that the work may be in copyright
Text: The Library of Congress is providing access to these materials for educational and research purposes. The written permission of the copyright owners and other rights holders (such as holders of publicity and /or privacy rights) is required for distribution, reproduction, or other use beyond that allowed by fair use or other statutory exemptions. Note that there may be U.S. copyright protection (see Title 17, U.S.C.) or other restrictions in these materials. However, the Library is not aware of any copyrights or other rights associated with this material.
Responsibility for making an independent legal assessment of an item and securing any necessary permissions ultimately rests with any person intending to use an item.
See our Legal Notices and Privacy and Publicity Rights for additional information and restrictions.
Credit Line: Library of Congress, General Collections.
Note: No license just one sentence on PD. Mus open takes music that is in the public Domain and has artists record the music granting all right to the public. There contracts are undergoing revision. They are interested in an easy way to ensure that the recording right make it to the public domain.
Text: Musopen is an online music library of copyright free music (public domain music). We want to give the world access to music, without the legal hassles so common today. There is a great deal of music that has expired copyrights, but almost no recordings of this music is in the public domain. We aim to record or obtain recordings that have no copyrights so that our visitors may listen, re-use, or in any way enjoy music. Put simply, our mission is to set music free.
Community: Open education photos
Note: Photo site of public domain photos, government works.
Text: Images of American Political History. Posting online by Dr. William J. Ball. All images are believed to be in the public domain. Please do not contact me for permission to use them Using the Collection
The intent of this collection is to support the teaching of American political history by providing quick access to uncopyrighted images for inclusion in teaching materials.
All images are strongly believed to be in the public domain. They were obtained from non-copyrighted U.S. government holdings and publications and from published works with clearly expired copyrights. Thus there are absolutely no restrictions on their use.
URL: Teach Politics
Community: Old Books
Note: Exclassics is a website dedicated to older books that use to be considered classics but are no longer widely read. As an example, The Newgate Calendar is a moral reader from the 1850's and is clearly in the PD, there is no mention of copyright on most pages or on the images. The site does contain a basic copyright disclaimer.
Text: No-Copyright notice
This site and its contents are public domain and free to the world. Anything in it may be copied and distributed free of charge or obligation. We expect this policy to be passed on - anyone who copies our texts or web pages and tries to claim copyright for themselves is stealing - not from us, but from you, and from everyone.=
Community: Open fonts
Note: Public Domain Fonts is a small website that makes all work avalible to the public. This site is typical in the way it uses an informal public domain dedication to grant works to the public. 2 line dedication no legal text simple to read.
Text: "Here are my dabblings in font design. I have placed them in the Public Domain. This is all 100% my own work. Usage is totally unrestricted. If you want to make derivative works for any purpose, please go ahead."
URL: Public Domain Fonts
Community: Open Data
Tool: Database public domain dedication
Note: ODC Public Domain Dedication and License is a similar license and should be considered in the process. comment from Jordan Hatcher other included comment here only deals with copyright and DB rights
Text: Long license too long to place here
Tool: Public domain assertion tool stating jurisdiction and reason the work is in the public domain
URL:Public domain definitions for commons.wikimedia.org States the nature of why a work may be in the PD
Tool: Pubic domain dedication
Notes: short simple text nonlegal wording.
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.
In case this is not legally possible, I grant any entity the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
URL: wikipedia PD-Self