[cc-licenses] CC0 beta/discussion draft 2

drew Roberts zotz at 100jamz.com
Thu Apr 17 15:42:08 EDT 2008


On Thursday 17 April 2008 11:29:43 Gisle Hannemyr wrote:
> Mike Linksvayer wrote:
> > See http://creativecommons.org/weblog/entry/8211 for announcement,
> > feedback encouraged on this list.
> >
> > - CC0 waiver legalcode
> >   http://labs.creativecommons.org/licenses/zero/1.0/legalcode
>
> I do not think that the text of the beta CC0 waiver will have any
> legal effect in most countries in Europe.  I am certain that this
> will not fly in Norway.
>
> You just can't waive moral rights in Norway (the law is very clear
> on that point).  But that's a mere technicality.  Even if you
> can't waive moral rights, if you think you can, you will probably
> not create too much of a stink when someone violates them.
>
> But in the legal code, the author waives a lot of other rights:
> "privacy rights, rights protecting against unfair competition
> and any rights protecting the extraction, dissemination and reuse
> of data" without as much as pausing  to establish that the author
> has those rights in the first place.

I see your concern after reading further, but... when I got this far I thought 
of something along slightly different lines:

Many times we have rights we do not know about and don't have rights we think 
we have.

In general (not in connection with your concerns) should the language speak 
of "any copyrights and related rights I may have in the work" etc.???
>
> Take a photograph for instance. In Norway a photograph depicting
> a person is considered personal data and covered by the data
> protection act.  The privacy rights attached to that data
> belongs to the depicted person, not the author.  This goes for
> a number of other data as well.  You simply can't release
> personal data into the public domain in Norway, so making the
> waiver apply to data bases open up a whole can of worms as to
> who controls the right to the data in the data base (in many
> cases, it is not the author).
>
> I am afraid that releasing something like this on the general
> public is not a good idea.  People using CC-licenses are not
> legal experts and the CC0 legalcode has the potential to
> create a huge mess if someone without the legal expertise
> starts using it to waive rights that they he not posess in
> the first place.

all the best,

drew


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