[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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