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cc-licenses - Re: [cc-licenses] [cc-community] Public Domain Mark - Invitation to Comment

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Subject: Development of Creative Commons licenses

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  • From: Paul Keller <pk AT kl.nl>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Cc: cc-community AT lists.ibiblio.org
  • Subject: Re: [cc-licenses] [cc-community] Public Domain Mark - Invitation to Comment
  • Date: Tue, 10 Aug 2010 10:44:17 +0200

On 10 Aug 2010, at 06:09, Luis Villa wrote:

Dear Luis,

thanks for your suggestions. while is understand your rationale, i do think
you are missing the very purpose of the PDM. this is not about a person
*believing* that a work is in the public domain, the mark is ment to indicate
that a work *is* in the public domain. given this the mark is probably less
useful for works where there is not sufficient certainty but rather for those
works where we know for sure that something is in the Public Domain (say
things like Goethe's & Shakespeare's writings or Bach's compositions). I
would argue that for these kind of works the straightforward statement on the
PDM deed is much more appropriate than the language that you are suggesting.

all the best from amsterdam,
Paul


> I would alter them both to make that distinction more clear. In
> particularly, I might make the first sentence of the PDM:
>
> "The person who associated a work with this mark has indicated that
> they believe that the work is free of restrictions under copyright
> law, including all related and neighboring rights."
>
> And I might make the first sentence of the CC0:
> "The person who associated a work with this deed has dedicated the
> work to the Commons by waiving all of his or her rights to the work
> worldwide under copyright law, including all related and neighboring
> rights, to the extent allowed by law."
>
> I'm certainly not settled on this language by any stretch, but given
> the short timescale for comment, and the critical importance of making
> this distinction very clear, I thought I'd go ahead and offer it for
> comment while still imperfect.

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