Legalcode errata

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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 licenses may incorrectly refer to "the [or for] Applicable License" instead of "this License" in section 4(b)(I) of the BY-SA license and section 4(b) of the BY-NC-SA license.

Licenses known to contain this error:

  • by-sa & by-nc-sa 3.0 Unported
  • by-sa & by-nc-sa 3.0 United States

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 4

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 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"

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-nd and by-nc-nd 3.0 unported

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

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(c) has a spelling error: "(iv) , consistent with Ssection 3(b)"

every 3.0 license other than by-nc-sa

5.

is "MERCHANTIBILITY" - should be "MERCHANTABILITY"

inconsitency: BYNCSA states:"THIS EXCLUSION MAY NOT", every other license states "SUCH EXCLUSION MAY NOT"

cc byncsa, cc bysa, cc by

4.c. compensation in *con-nection* with the exchange of copyrighted works.


should be connection, without hyphen?

cc byncsa vs. cc bysa

1. 4(b): (i) the terms of this License;

4(b): the terms of: (i) this License;

2. granted by Licensor are hereby reserved, *including but not limited to the rights described in Section 4(e)*.

granted by Licensor are hereby reserved. [part missing]

cc byncsa vs. other licenses

5. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR

5. UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR

[part missing]

cc bysa, cc bync vs. other licenses

For the avoidance of doubt, this trademark restriction does not form part of *this* License.

For the avoidance of doubt, this trademark restriction does not form part of *the* License.

cc byncsa vs. cc bync

3.d.: ... including but not limited to the rights *described* in Section 4(e).

3.d.: ...including but not limited to the rights *set forth* in Section 4(d).

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

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')

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