[Cc-uk] CC-UK v.4.07/ CA v.8.2 [request for comments]
Prodromos Tsiavos
prodromos.tsiavos at socio-legal-studies.oxford.ac.uk
Tue Oct 26 19:16:56 EDT 2004
Dear All,
Thank you for all your previous comments that have been exceptionally
useful for the development of the latest version of the licence!
There has been a series of developments in relation to the licences in the last
couple of weeks:
1. Together with the BBC legal team we managed to harmonize as much as possible
the two licences. We are close to the point of releasing a single basic text as
the basis for both the licences, but a couple of issues are yet to be resolved.
In particular, we have not reached an agreement in relation to the following
items:
(a) territoriality: the BBC Creative Archive licence is granted only
within the UK, whereas the CC-UK is a worldwide licence.
(b) Non Endorsement: BBC has introduced an extra Licence Element that is
making sure that the material released under a Creative Archive license is not
endorsed by the BBC, i.e. the Work should not be used in any way that would
suggest or imply the BBCs support, association or approval. This is the reason
why the licence will be called the Creative Archive Public Licence and no
mention of the BBC will be made.
(c) Non Commercial: this is the most difficult issue in relation to the
harmonization of the two licences. BBCs clause includes only personal use and
excludes among others institutional, political or promotional uses. The CC
2.0 excludes any use that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The BBC definition is
much narrower (in relation to the permitted uses) and hence more restrictive
than the CC 2.0. The BBC is willing to abolish the personal use and move the
political and institutional elements to the Non-Endorsement provision but is
not willing (right now) to accept the US definition. They are afraid that it
allows indirect commercial uses. So, we are looking for alternative definitions
and any suggestion is welcome!
I have argued to the BBC that asking for more restrictive controls in the Non-
Commercial definition is not really compatible with the Non-Endorsement clause:
if the Creative Archive material is not to be associated with the BBC then the
latter should not have any control over it either, therefore the political and
institutional restrictions should not be included. I have not managed to pass
the message as yet but will keep trying.
2. Jonathan Mitchell has repeatedly and very correctly raised the jurisdiction
issue. The version I am currently posting contains only the England and Wales
jurisdictions but this should be just one of the three available options. I am
open to suggestions on how we should implement the three UK jurisdiction
options. What would be the substantial differences in each jurisdiction in
terms of the text of the licence? Any other concrete suggestions for how we
could implement the three jurisdictions?
I have also included a provision that is a first attempt to deal with the
Collecting Societies problem. Please let me know what you think.
You may find attached three documents:
(a) the latest version of the CC-UK
(b) the latest version of the Creative Archive Licence
(c) a document explaining which changes I have chosen to implement and why
Please let me know what you think.
Best
Prodromos
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