Difference between revisions of "Zh-tw:CC0 常見問題"
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==== Does CC0 really eliminate all copyright and related rights, everywhere? ====
==== Does CC0 really eliminate all copyright and related rights, everywhere? ====
Revision as of 10:08, 21 May 2012
- 1 關於CC0的一般問題
- 2 關於適用CC0到著作上的相關問題
- 2.1 誰可以使用CC0？
- 2.2 如何適用CC0到我的著作？
- 2.3 選擇CC0者需要的資訊所帶來之利益為何？
- 2.4 可否適用CC0至電腦軟體？如果可以的話建議該如何使用？
- 2.5 若他人使用我的著作，CC0是否要求該他人標示我的姓名？
- 2.6 Does CC0 really eliminate all copyright and related rights, everywhere?
- 2.7 What kinds of rights am I surrendering when I use CC0?
- 2.8 What are neighboring rights?
- 2.9 What are database rights?
- 2.10 Can I control how my work is being used once I publish it using CC0?
- 2.11 What about other IP related rights, such as trademark and patent rights?
- 3 Questions for those thinking about using a CC0’d work
- 3.1 Can anyone use a work that is distributed under CC0?
- 3.2 Do I have to attribute the person who applied CC0 to their work?
- 3.3 Why do some works indicate the jurisdiction from which the work is being published?
- 3.4 What rights do I need to use a CC0’d work?
- 3.5 How can I be sure that I have all the rights I need to use the work?
常見的問題集意在補充資訊而非取代現有的問題集，您亦可在使用 CC0前先行參考我們所提供的考量要點或是其他的法律工具與授權條款， 並且應該仔細閱讀CC0的法律規定，並在適用到您的著作前或是使用 CC0的著作前理解清楚。 請注意：創用CC（Creative Commons）並非提供法律意見，下列資 訊也不是取代法律建議，內容也可能不夠詳盡，如果還有其他問題或是對 下列資訊、CC0、創用CC（Creative Commons）之授權條款與工具感到 疑慮，請諮詢您的法律顧問！
不論作者或是創作者是否想要著作權，著作權法與世界上其他法律都 自動將著作權的保護擴展到作者的著作以及資料庫，而CC0給那些想拋棄 著作權的人一個管道，並在符合法律規定下擴展該拋棄範圍，一旦創作者 或是後來著作的權利人都採用CC0到他們的著作上，在著作權法上他們就 已經不再擁有著作權了。在符合法律規定與其他人可能對該著作擁有的權 利或是該著作使用的方式下，任何人皆可以任何方式、目的使用（包含商 業上使用）該著作，故CC0就是一種「無保留權」的選擇。
使用CC0的人（法律稱之為宣告者）透過拋棄其所擁有的著作權、鄰 接權及該著作的相關權利等，於符合法律規定下的最大範圍將著作釋出到 公共領域中。若該拋棄因任何理由顯示為無效，則CC0就如同宣告者的授 權，准許公眾無條件的、不可撤銷的、非專屬的以及無須支付權利金即可 以任何目的使用該著作。
CC0與公共領域標誌(Public Domain Mark, PDM)之差異？
CC0與公共領域標誌兩者大不相同並具有特別目的，CC0僅有作者或是 著作權及其相關權利或是鄰接權（包含特別的資料庫保護權）之所有權人 能使用，且該著作仍受限於一國或是多國中的上述權利；而公共領域標誌 則是開放供任何人使用，並意圖使用於已免於全世界現有著作權限制的著 作。 工具也會隨著適用到著作所生之結果而異，CC0在法律面來說即改變 該著作的著作權狀態，也就是有效地拋棄全球所有的著作權及其相關之法 律或是鄰接權，然公共領域標誌並非合法執行—它就如同一個標籤，標示 該著作免於現有已知的著作權限制。 請參考CC0與公共領域標誌的特性比較表，並瞭解更多關於公共領域 標誌。
任何一位擁有著作之著作權、鄰接權及其相關權利（如資料庫權）皆 可使用CC0以拋棄上述權利。但請特別注意，CC0就像一條單行道，一旦 您適用CC0於著作即無法改變心意進而再次主張著作權或是資料庫權。在 部份案例中，很難決定某個物品是否具備取得著作權保護之資格（例如資 料庫中的大部份事實資訊），儘管如此，CC0仍是一個向他人保證您已拋 棄任何可能的著作權保護的好方法。雖然您在CC0下並未作過任何關於著 作權人的擔保，但仍須注意當您散布該著作的同時，亦對任一就該著作具 現有權利的第三人負有責任。例如您的著作包含另一依照創用CC姓名標 示授權條款授權之他人著作時，您就必須分開確認那些著作，並將該著作 歸屬於作者並提供授權。又如果是其他授權，亦必須確保您在散布著作前 已遵照授權規定。當然，如果您未取得散布他人著作的許可，即需在使用 CC0前適當取得著作權人的同意。
我們的chooser將會帶領您走過整個流程，當完成時會給您一個 HTML碼，讓您可以複製並貼到您的網站上。請注意，您（即宣告者）自己 可以選擇是否透過張貼在您的網站或是其他地方而公布使用CC0的著作， 但創用CC並不會公布任何著作也不會承擔這個責任。
任何您使用Chooser所提供的資訊將被包含在著作上的CC0文字以及機 器可讀碼(machine-readable code)中。潛在的著作使用者可進而使用該資 訊以找到更多關於您著作的訊息，對潛在的使用者而言有價值的地方應該 是您在CC0下提供著作的國家，而我們鼓勵你們不論何時皆可盡量提供資 訊，同時也請留意您選擇的國家並非準據法或是管轄法院條款裡指定的國 家（在CC0中並沒有準據法以及管轄法院條款的概念）。
是的，CC0是個適合將電腦軟體中的著作權及其相關權利釋出到公共領域的方法，而且是符合法律規定下最大的範圍。 不像CC授權並不適用於軟體，CC0與許多軟體授權條款相容 包含大眾授權條款(General Public License, GPL). 然而，CC0並未經過 自由軟體(Open Source Initiative) 的批准，也不會授權或是影響您可能擁有的專利權。您可能開始考慮使用經OSI准許的授權以取代CC0，例如 大眾授權條款3.0 or 或是Apache 2.0.
創用與自由軟體基金會(Free Software Foundation)建議若於軟體上使用CC0，您與下列的注意事項將會標在每個檔案的上頭：
- 您應該會連同軟體取得一份CC0的公共領域奉獻宣告複本，若沒有則請見： <http://creativecommons.org/publicdomain/zero/1.0/>.
Please don’t take the 0 (zero) in the name “CC0” literally – no legal instrument can ever eliminate all copyright interests in a work in every jurisdiction.
CC0 doesn’t affect two very important categories of copyright and related rights. First, just like our licenses, CC0 does not affect other persons’s rights in the work or in how it is used, such as publicity or privacy rights. Second, the laws of some jurisdictions don’t allow authors and copyright owners to waive all of their own rights, such as moral rights. When the waiver doesn’t work for any reason CC0 acts as a free public license replicating much of intended effect of the waiver, although sometimes even licensing those rights isn’t effective. It varies jurisdiction by jurisdiction.
While we can't be certain that all copyright and related rights will indeed be surrendered everywhere, we are confident that CC0 lets you sever the legal ties between you and your work to the greatest extent legally permissible.
What kinds of rights am I surrendering when I use CC0?
You are surrendering your copyright and neighboring and related rights in a work, including any database rights you may have. You are also surrendering your own publicity and privacy rights. If your image is captured in the work, for example, you cannot later complain that someone is using it in violation of those rights. In other jurisdictions, you may not be able to waive all of your copyright and neighboring and related rights. Moral rights and unknown rights are two examples of rights that may be difficult to waive in some jurisdictions. When waiver isn’t possible, those rights are licensed under CC0 to the extent allowed by law, although again, sometimes those rights cannot be licensed in advance or at all.
What are neighboring rights?
Neighboring rights consist of a hodgepodge of rights granted by statute in addition to traditional copyright. Performing artists, record producers and those involved in radio and television broadcasting are often holders of neighboring rights, which may include distribution, performance and/or exploitation rights. Some jurisdictions extend copyright to protect these rights; other jurisdictions offer those protections by separate statute as neighboring or related rights.
When you surrender your neighboring rights using CC0, you do not impact the copyrights or related rights of others, though. For example, if you apply CC0 to a sound recording to which you hold copyright, you surrender your exclusive right to digitally perform that sound recording. But your use of CC0 would not affect the copyright, if any, retained by the composer of the music. Neighboring rights differ from jurisdiction to jurisdiction.
What are database rights?
Databases may contain facts that, in and of themselves, are not protected by copyright law. The copyright laws of some jurisdictions cover database design and structure, however, and some jurisdictions like the European Union have enacted special laws to protect databases when they are not protected under applicable copyright law. CC0 is intended to cover all copyright and database laws, so that however database rights are protected (under copyright or otherwise), those rights are all surrendered.
Can I control how my work is being used once I publish it using CC0?
Not really. CC0 is about achieving the effect of placing works in the public domain. Just like anything already in the public domain today, anybody will be able to use your work for any purpose, even in ways you may find distasteful or objectionable. They can also make money off of your work, and they may give you credit or they may not. One aspect you retain control over, however, is the use of the work by others with your trademarks. CC0 does not surrender any trademark rights you have. If others want to associate your trademark with a work you distribute under CC0, they need to ask your permission first as required by trademark law.
If you are worried about how your work will be used, if you want to legally require attribution, or if you don't want people to make money off of your work, then you should not use CC0 and instead consider using one of our licenses.
CC0 very clearly states that trademark and patent rights of the affirmer are not affected – CC0’s sole reach is copyright and related and neighboring rights, including database rights. Trademarks rights are not affected because creators who use CC0 should be able to protect the quality of products that are associated with their trademark (for example, by preventing a subsequent user of the work from leading others to believe the work in its subsequent use and/or form is associated with or endorsed by the affirmer). So if your primary concern is to ensure the quality and integrity of products associated with your name or your project, then trademark, combined with CC0, may be an option for you.
Patents are fundamentally more challenging. One of our goals at Creative Commons is to encourage use and dissemination of information in a way that encourages others to build upon it, sometimes in surprising and unexpected ways. We can accomplish that objective through a copyright-only solution, without introducing the complexities associated with patent rights. We also wanted to keep CC0 as simple as possible, consistent with its original design goals. We concluded that any perceived benefits of including a patent waiver were significantly outweighed by the downsides of its inclusion.
Questions for those thinking about using a CC0’d work
Can anyone use a work that is distributed under CC0?
Yes. CC0 doesn’t restrict who can use a CC0’d work. Once applied, anyone can use the work in any way and for any purpose, including commercial purposes, subject to rights others may have in the work or how it’s used, as well as subject to any other laws or restrictions that may apply.
Do I have to attribute the person who applied CC0 to their work?
No, there is no legal requirement that you attribute the affirmer, only an expectation that you will voluntarily do so if requested. The CC0 deed provides HTML code that can be copy and pasted into your webpage to easily cite the author and the work, if that information has been provided by the affirmer.
Why do some works indicate the jurisdiction from which the work is being published?
The CC0 license chooser gives affirmers the opportunity to indicate the jurisdiction from which the work is being offered. If provided by the affirmer, this information is included in the rendered CC0 text that is placed on the work as well as included in the machine-readable code.
The jurisdiction from which the work is being offered is one fact that helps users know what they can and cannot do with a CC0'd work. There are other important facts that impact what rights the affirmer is surrendering and what rights the user has (another, for example, is where the user is located), but the jurisdiction from which the work is offered is one of the more important pieces of information that helps users usefully take advantage of a CC0’d work.
Be careful, though. The jurisdiction, if selected by the affirmer, is not a choice of law or forum selection clause (there are no choice of law or forum selection clauses in CC0). Nor should it be relied upon as definitive for purposes of determining what rights you, as a user of the CC0’d work, may have. It is just one of many facts (if properly selected by the affirmer) that you should take into account before using a work dedicated to the public domain using CC0. Whether or not the affirmer indicated the jurisdiction from which the work was published, you may wish to contact the affirmer to learn more about the work as well as consult your own legal advisor about your rights.
What rights do I need to use a CC0’d work?
That depends. If you want to use the affirmer’s trademark, you need to get permission first since CC0 doesn’t affect trademark rights. You may also need to get permission from other people who have rights in the work, such as privacy or publicity rights of persons whose likeness or image appear in a photograph or in another work.
How can I be sure that I have all the rights I need to use the work?
CC0 contains a disclaimer of warranties just like our licenses, so there is no assurance whatsoever that the affirmer (the person who applied CC0 to the work) has all the necessary rights to grant permission to use the CC0’d work. The person applying CC0 to their work is not guaranteeing anything about it, including whether she owns the copyright or has cleared any uses of third-party content that her work may be based on or incorporate. If you are in doubt, then we strongly recommend you not use the work until you have taken all the steps and precautions you feel you need to before doing so, which may include contacting the person who applied CC0 to the work and consulting legal counsel.