[cc-community] BY-SA license in the UK has non-waiveredcollection society fees?

Prodromos Tsiavos p.tsiavos at lse.ac.uk
Tue Aug 19 12:09:29 EDT 2008


Dear All,

As Jon has already mentioned this is a known problem that has been a result 
of not correctly applying the NC part of the licences when the porting was 
taking place.

The problem will be fixed in v.3.0 of the CCEW licences that are to be 
released later this year.

Best wishes,
Prodromos

----- Original Message ----- 
From: "jonathon" <jonathon.blake at gmail.com>
To: <cc-community at lists.ibiblio.org>
Sent: Tuesday, August 19, 2008 12:11 AM
Subject: Re: [cc-community] BY-SA license in the UK has 
non-waiveredcollection society fees?


> On Sat, Aug 16, 2008 at 14:21, Kevin Phillips wrote:
>
>> http://creativecommons.org/licenses/by-sa/2.0/uk/legalcode
>> See 2.5
>
> http://creativecommons.org/licenses/by-sa/2.0/legalcode
> Section 3(a)
>
> http://creativecommons.org/licenses/by-sa/2.0/za/legalcode
> Section 3(k)
>
> http://creativecommons.org/licenses/by-sa/2.5/za/legalcode
> Section 3 (k)
>
>> Am I correct in thinking this is a pretty major difference between the 
>> USA and UK licenses?
>
> Yes.
> I looked at half a dozen of the ported licenses, and that was the only
> one that had that clause.
>
> There is _one_ possibility.  Whoever ported the license forgot to
> removed the clauses that apply only to the NC portion.
>
>> Presumably this is why web sites tend to us the "unported" licenses, so 
>> as not to introduce incompatibilities?
>
> The "unported' version, in theory, is compatible with all legal
> jurisdictions. Worst case scenario is that the local legal system
> conflicts with a clause in it, without nullifying the entire license.
>
>> Does this ultimately mean that I'd best stick with unported licenses 
>> (being UK based mostly) to ensure maximum compatibility for those 
>> remixing my work?
>
> This is where you need to talk to a lawyer.   If local law conflicts
> with something in the unported license, then using it might lead to
> enforcement issues, that would not exist in the ported version.
>
> xan
>
> jonathon
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