[cc-community] Declaration of CC and copyright on the same website
Greg London
email at greglondon.com
Fri Mar 21 16:16:44 EDT 2008
> 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)?.
"Copyright 2008 Greg London" is called a "copyright notice".
CC-BY-NC-ND is a "Copyright License".
A copyright notice is completely compatible with a CC license.
IIRC, a notice allows an author to sue for more damages
against an infringer because the infringer cannot claim
they didn't know the work was copyrighted, since the
"notice" clearly indicates it is, who the author is,
and when it was published. So there are advantages to
using a notice.
A notice doesn't change how much "copyright" is applied to a
work. A notice does not automatically imply
"All Rights Reserved".
Most licenses require that all copyright notices,
if any are present, must be left in place.
I assume this is for (1) guaranteing the authors will
be able to sue infringers for maximum damages and
(2) a form of Attribution by embedding the person's
name in the notice.
The term "All Rights Reserved" was actually a legal
requirement of the old UCC treaty. The United States
was a member of the UCC until it dropped it and joined
the Berne treaty in 1976. While the US was a member of
the UCC, if you didn't put the phrase "All Rights Reserved"
on your work, your work would not be protected in another
UCC signatory country. I don't think ARR has any legal
significance anymore, since the Berne Treaty has become
the defacto copyright law of planet Earth. It is used by
some to indicate that the work is NOT licensed under some
other FLOS license. ARR isn't actually a license because
it doesn't actually give up any rights.
And the piece that goes: "CC-NC-BY-ND" is a
copyright "license". A license gives away some number of rights.
A license and "All Rights Reserved" would be mutually
exclusive on the same instance of a work. Because one
is saying "I'm giving away these rights" and the other
says "I'm reserving all rights". Which is still different
than the "All Rights Reserved" of the old UCC treaty,
but that's old hat.
But the short of it is that a copyright notice is
completely compatible with a CC license.
I am not a lawyer. This is not legal advice.
Greg
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