[cc-community] Declaration of CC and copyright on the same website

John Hendrik Weitzmann jhweitzmann at mx.uni-saarland.de
Fri Mar 21 11:23:30 EDT 2008


moin,

the double marking is legally sound but IMHO confusing, because most
people interpret (c) as meaning "all rights reserved", which would of
course logically conflict with "some rights reserved".

Actually, the (c) only says who is the author/copyright holder, but that
can also been done with the cc-license. So, I always suggest to use (cc)
alone to express both informations, the rights holders name and the license.

However, a famous german blog (http://www.schockwellenreiter.de/) has
(c) and (cc) parallel, and when I told them about the confusion problem
the reply was not a reasonable discussion, instead I got flamed like I
had sent them a cease-and-desist letter. So, beware when raising the
issue openly ...

greetings from Berlin,
John


Timothy Vollmer schrieb:
> 
> 
> On Fri, Mar 21, 2008 at 10:04 AM, drew Roberts <zotz at 100jamz.com
> <mailto:zotz at 100jamz.com>> wrote:
> 
>     On Friday 21 March 2008 09:43:55 Gruber Lukáš wrote:
>     > Hello to all,
>     >
>     > I have been subscribed to this list for quite long time and it finally
>     > comes the time to ask you for advise. Just short personal introduction
>     > before : I´m working in Web Archiving project of the National
>     Library of
>     > the Czech Republic and as a part of my duties I sometimes deal
>     with issues
>     > concerning to cc licences on the "czech" websites. Czech copyright law
>     > accepts open-source licences (including CC) as a tool for
>     licencing work
>     > since summer 2006. We didnt oficially translate CC licence so far,
>     so we
>     > use version unported 3.0...
>     >
>     > And here´s the problem :-) What does it mean if the same website
>     contains
>     > CC (BY-NC-ND) licence and also symbol for copyright ((c) 2003-2008
>     plus
>     > name of the author)?. What does it say to user? Is he allowed to use
>     > content of website according to CC licence (some right reserved)
>     or is he
>     > constrained to keep the "full copyright" (all rights reserved)?
>     >
>     > I will try to express myself more concretely... If I followed this
>     BY-NC-ND
>     > licence, I would be free of making  copies of the work and use it with
>     > proper attribution in  non-comercial way... But If I followed the
>     copyright
>     > declaration, I would have to ask author for permission to do so...
>     Is that
>     > right?
> 
>     I don't think so. The gpl howto might make this a bit clearer.
> 
>     http://www.gnu.org/licenses/gpl-howto.html
> 
>     "Whichever license you plan to use, the process involves adding two
>     elements
>     to each source file of your program: a copyright notice (such as
>     "Copyright
>     1999 Terry Jones"), and a statement of copying permission, saying
>     that the
>     program is distributed under the terms of the GNU General Public
>     License (or
>     the Lesser GPL)."
> 
>     So, you have a statement of your copyright, and then a license grant
>     for the
>     copyrighted work.
> 
>     Unless I am wrong of course. But that's how I would initially
>     approach things.
>     Let's see what others have to say on the issue.
> 
> 
> Lukas--we can see how the marks for both "((c) 2003-2008 plus name of
> the author)" and "CC BY-NC-ND" might be confusing, but they are not
> mutually exclusive. Authors retain the copyright in the work, so that
> mark is appropriate. Creative Commons offers a /license/ that tells
> others how they may use the work, so that mark is appropriate when applied.
> 
> So, agreeing with drew--we have a (1) copyright notice and (2) license
> notice
> 
> ianal, but this is how it looks to me.
> tvol
> 
> 
>     >
>     > So in the end, my question is: How should user act in this case?
>     Did you
>     > ever see websites like this one, containing both C and CC
>     declarations?
>     >
>     > Thanks a lot for any answer
>     >
>     > Lukas Gruber
>     > ===================================
>     > Electronic Online Resources Dept.
>     > The National library of the Czech Republic
> 
>     all the best,
> 
>     drew
> 
> 
>     _______________________________________________
>     cc-community mailing list
>     cc-community at lists.ibiblio.org <mailto:cc-community at lists.ibiblio.org>
>     http://lists.ibiblio.org/mailman/listinfo/cc-community
> 
> 
> 
> ------------------------------------------------------------------------
> 
> _______________________________________________
> cc-community mailing list
> cc-community at lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-community



More information about the cc-community mailing list