[cc-licenses] CC0 beta/discussion draft launch
Jordan S Hatcher
jordan at opencontentlawyer.com
Wed Jan 30 05:36:46 EST 2008
On 29 Jan 2008, at 19:49, Claudio Ruiz wrote:
> Either way, from the strict legal sense, in Chile we have a
> important legal problem waiving patrimonial rights. While art.
> 11 of Copyright Law stablish the waive of all patrimonial rights as
> a public domain situation, art. 86 stand all the patrimonial rights
> as unrenunciable by authors (??).
>
> We've been in our National Congress debating the reform of
> copyright law and this is certainly a very important situation that
> we've pointed, but there's not solution at this time. I think this
> legal situation must be solved before spread CC0 in Chile. Sadly :(
There are two parts to the public domain dedication legal code in the
CCZero waiver however.
1. complete waiver (which could have the problems you mentioned above)
2. a licence covering just about anything you can think of with the
work.
The relevant legal code in the CCZero Waiver is:
"Should the Waiver for any reason be judged legally ineffective in
any jurisdiction, the Affirmer hereby grants a free, full, permanent,
irrevocable, nonexclusive and worldwide license for all her or his
copyright and related or neighboring legal rights in the Work."
<http://labs.creativecommons.org/licenses/zero-waive/1.0/us/legalcode>
So despite ambiguity in the law in Chile about waiving rights, the
approach could be to fully license them like above. This would both
implement the Science Commons protocol and be a port for CCZero.
You could also write a waiver (I would think) given that the law has
conflicting text on whether that is okay. You don't have to take the
prohibition as the legal standard -- you can argue that the law
allowing it is the one that takes precedence.
Thanks!
~Jordan
____
Mr. Jordan S Hatcher, JD, LLM
jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net
Open Data Commons
<http://opendatacommons.org>
Usage of Creative Commons by cultural heritage organisations
http://www.eduserv.org.uk/foundation/studies/cc2007
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