[Cc-uk] New licences and the Integrity right

Prodromos Tsiavos prodromos.tsiavos at socio-legal-studies.oxford.ac.uk
Mon Oct 11 06:16:19 EDT 2004


Dear All,

After another round of discussions with the BBC, I am sending you today the 
following documents for comments/ info:
(a)	The latest version of the BBC Creative Archive Licence
(b)	A CC-UK licence based on the BBC licence with an explicit inclusion of 
the Integrity right
(c)	A CC-UK licence based on the BBC licence with an explicit waiver of the 
Integrity right
(d)	A short account of the Moral rights issues in the CC-UK project and the 
implications of some proposed solutions.

The issues we are currently phasing are:
(a)	Compatibility with CC 2.0, whereas retaining maximum compatibility with 
the BBC creative archive licence. The ideal would be to go for a single licence 
for both the Creative Archive and the CC-UK. This seems to be impossible 
because of the particular provisions that the BBC needs to include in relation 
to:
i.	Territorial limitations for the use of the Creative Archive material 
(only UK)
ii.	Inclusion of warranties for the ownership of the rights on the work 
(the Licensor has to have the rights over the Original Work and offer a 
warranty for that purpose)
iii.	Integrity Right in an extended version [No Endorsement] because of 
internal policy/ charter obligations (see section 2.1.5 in the BBC licence)
iv.	Omission of all CC related clauses
Hence, we are thinking of going for a version of the CC-UK licence that will be 
most compatible to the BBC licence without compromising the Licence Elements of 
the original CC 2.0. This is the CC-UK 4.03 with waiver of moral rights. I am 
also including a version of CC-UK 4.03 with assertion of the Integrity right as 
an option for consideration
(b)	Compatibility with the Canadian and Australian CC licences. The 
drafting team of Australia is –rightly- concerned with UK, Canada and Australia 
adopting a common policy concerning the issue of moral rights. Canada has 
chosen to waive the moral rights, but I am slightly concerned with the 
implementation of their solution (check the document concerning CC-UK moral 
rights position)

I would be very grateful if (for once more) you could post some comments on the 
aforementioned documents/ issues.

Thanks,
Prodromos
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