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cc-south-caucasus - Re: [Cc-south-caucasus] Armenia_New CC Licenses_5+1

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Subject: Creative Commons in the South Caucasus

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  • From: Catharina Maracke <catharina AT creativecommons.org>
  • To: Movses Hakobyan <movses.hakobyan AT gmail.com>
  • Cc: cc-south-caucasus AT lists.ibiblio.org, Diane Peters <diane AT creativecommons.org>
  • Subject: Re: [Cc-south-caucasus] Armenia_New CC Licenses_5+1
  • Date: Thu, 21 May 2009 07:37:32 +0200

Dear Movses,

Thanks for the swift response! Regarding Moral Rights, your suggestion sounds perfectly fine to me. As you said "Non-economic rights (Moral Rights) of the Author and Performer remain unaffected to the extent they are recognized and not waivable by applicable law." basically doesn't differ from my suggestion.

Regarding the Database Rights clarification, it should be implemented in the restriction section after the BY, SA, NC "restrictions" but before the CS language (in all licenses including the NC element, the CS appears in the "restriction section") and before the Moral Rights wording, which should always be the last section under 4. Consequently, the clarification has to refer to the all of these restrictions.

As an example, in the German license, we have implemented the Database clarification language as follows:

BY: as section 4c) referring to 4a) and 4b)

BY-SA: as section 4d) referring to 4a), 4b) and 4c)

BY-NC-SA: as section 4e) referring to 4a) - 4d)

BY-NC: as section 4d) referring to 4a), 4b), 4c)

BY-NC-ND: as section 4d) referring to 4a), 4b), 4c)

BY-ND: as section 4c) referring to 4a) and 4b)

I hope this is helpful?

Catharina

Dr. Catharina Maracke
catharina AT creativecommons.org




On May 20, 2009, at 12:01 PM, Movses Hakobyan wrote:

Dear Catharina,
Thank you for clarifications, below you can find my comments/ questions.
Sincerely
Movses

On Wed, May 20, 2009 at 11:30 AM, Catharina Maracke <catharina AT creativecommons.org > wrote:
Dear Movses.

Many thanks for sending the revised versions. Please see my additional comments below. Would you like to let me know your thoughts and then implement and get back to me? In particular the Moral Rights section should be discussed briefly.

Best wishes,

Catharina


BY:

* License Grant: Waiver for sui generis database right is listed in a separate numeration whereas in some other licenses (e.g. BY-NC), this section is part of the last sentence of section 3. Please make sure that this is consistent with all six licenses.
OK


*Section 4d): Moral Rights language is not what we agreed on?
Right, I just followed the wording of unported licenses that I thought is preferable (changed)
I am very sorry to have missed that part - we should have discussed the Moral Rights at a much earlier stage during the process. The background is that CC has been criticized a lot in the past in terms of the current wording for the "unported" license (please see http://creativecommons.org/weblog/entry/7718) and we are still discussing a new wording and draft for the unported licenses. Meanwhile, we have used a simple sentence as starting point for the discussion to find the best solution for each jurisdiction: "Moral Rights remain unaffected to the extent they are recognized and not waivable by applicable law". Do you think this would fit under Armenian law? It would make things a lot easier and consistent with other jurisdiction licenses.
Yes, I think such way is OK but the current wording of Armenian licenses does not principally differ from what you suggest: Non- economic rights (Moral Rights) of the Author and Performer remain unaffected to the extent they are recognized and not waivable by applicable law.
However, if such formulation is not appropriate let me know.

BY-NC:

*In Preamble refers to the term "Work" whereas the BY and BY-NC-SA licenses refer to the "Rights of the Licensor with respect to his / work.... "?
Thanks, I overlooked that

*License Grant: Last sentence should be amended to reflect NC structure? See last sentence of section 3) in US NY-NC:

All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).

This part I amended as in unported License but 4(e) according to US license is dealing with WebCasting Rights and Statutory Royalties I omitted.

*Section 4c) reference should be 3a) instead of 3b) ("...consistent with section 3b,...")
Section 4 (c) - is setting attribution mechanisms, subpoint iv. is about attribution in case of Adaptation that is why I specified 3 (b)-Attribution instead of 3 (a)-Collections. I think there is no need to make reference to Collections in this case?
My apologies - you are right... I must have been confused with so many different references...



*See above: Moral Rights language is not what we agreed on?
OK

BY-NC-ND:

*see above: Preamble refers to the term "work" again?
OK

*see above: License Grant: Last sentence should be amended to reflect NC structure? See last sentence of section 3) in US NY-NC-ND.
This part I amended as in unported License but 4(e) according to US license is dealing with WebCasting Rights and Statutory Royalties I omitted.

*see above: Moral Rights language is not what we agreed on?
OK


BY-ND:

*see above: Preamble refers to the term "work" again?
OK

*see above: License Grant: Waiver for sui generis database right is listed in a separate numeration whereas in some other licenses (e.g. BY-NC), this section is part of the last sentence of section 3. Please make sure that this is consistent with all six licenses.
OK

*Restrictions: section 4c): Clarification for sui generis database right refers to section 4a) but not to section 4b)?
OK

*see above: Moral Rights language is not what we agreed on?
OK

BY-SA:

*Section 1b): definition of "Creative Commons Compatible license" needs to include a reference a reference to the "unported" license as well, see language in the US BY-SA:

"Creative Commons Compatible License" means a license that is listed at http://creativecommons.org/compatiblelicenses that has been approved by Creative Commons as being essentially equivalent to this License, including, at a minimum, because that license: (i) contains terms that have the same purpose, meaning and effect as the License Elements of this License; and, (ii) explicitly permits the relicensing of derivatives of works made available under that license under this License or either a Creative Commons unported license or a Creative Commons jurisdiction license with the same License Elements as this License.
OK

*Restrictions: section 4c): Clarification for sui generis database right refers to section 4a) and 4b) but not to section 4c)?
Maybe this is a misprint but no reference to 4 (c) is made.
Yes, I am sorry for the misunderstanding - that's what I meant. There is reference to section 4c) but the Clarification for th sui generis database right should refer to all other restrictions: 4a), 4b) and 4c)

It seems to me that formulation of sui generis references are based on the documents that Diane forwarded. However, to be sure, could you please explain me what kind of restrictions (Section 4) shall be excluded as non-applicable to database rights, as for me, what I understand from abovementioned documents, only attribution and sharealike terms shall be referenced. Am I right? Or they shall refer to all restrictions envisaged by Section 4 without exception?



*see above: Moral Rights language is not what we agreed on?
OK



Dr. Catharina Maracke
catharina AT creativecommons.org




On May 1, 2009, at 12:25 PM, Movses Hakobyan wrote:

Dear friends,
Please have a look at five CC licenses (both in English and Armenian) with
different terms and conditions that are adapted to Armenian legislation
based on BY-NC-SA License previously approved by colleagues from CCi.
In addition, some changes were made into the latter (BY-NC-SA) taking into
account recent corrections.
Please voice all your remarks and comments/suggestions further to improve
wording of Licenses. Thank you in advance.

With best regards

--
Movses Hakobyan
Lawyer/Projects Director
Internews' Center for Information Law and Policy
3 Arshakunyats Ave, Yerevan 0023, Armenia
tel: + 374 10 583620
fax: + 374 10 569041
www.internews.am
www.media.am
www.gipi.am
<BY_3.0_Armenia-EN (Final_30 Apr 2009).pdf><BY_3.0_Armenia-EN (with tracks_30 Apr 2009).doc><BY_3 0_Armenia_AM (Final_30 Apr 2009).pdf><BY-NC_3.0_Armenia-EN (Final_30 Apr 2009).pdf><BY- NC_3.0_Armenia-EN (With Tracks_Final_30 Apr 2009).doc><BY-NC_3 0_Armenia_AM (Final_30 Apr 2009).pdf><BY-NC-ND_3.0_Armenia-EN (Final_30 Apr 2009).pdf><BY-NC-ND_3.0_Armenia-EN (With Tracks_Final_30 Apr 2009).doc><BY-NC-ND_3 0_Armenia_AM (Final_30 Apr 2009).pdf><BY-ND_3.0_Armenia-EN (With Tracks_Final_30 Apr 2009).doc><BY-ND_3.0_Armenia-EN (Final_30 Apr 2009).pdf><BY-ND_3 0_Armenia_AM (Final_30 Apr 2009).pdf><BY-SA_ 3.0_Armenia-EN (Final_30 Apr 2009).pdf><BY-SA_ 3.0_Armenia-EN (With Tracks_Final_30 Apr 2009).doc><BY-ND_3 0_Armenia_AM (Final_30 Apr 2009).pdf><License_BY-NC-SA_3.0_Armenia_EN_Final_30 Apr 2009.pdf><License_BY-NC-SA_3 0_Armenia_AM_FINAL_30 Apr 2009.pdf><BY-SA_3 0_Armenia_AM (Final_30 Apr 2009).pdf>_______________________________________________

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--
Movses Hakobyan
Lawyer/Projects Director
Internews' Center for Information Law and Policy
3 Arshakunyats Ave, Yerevan 0023, Armenia
tel: + 374 10 583620
fax: + 374 10 569041
www.internews.am
www.media.am
www.gipi.am
<BY_3.0_Armenia-EN (with tracks_18 May 2009).doc><BY-NC_3.0_Armenia- EN (With Tracks_Final_18 May 2009).doc><BY-NC-ND_3.0_Armenia-EN (With Tracks_Final_18 May 2009).doc><BY-ND_3.0_Armenia-EN (With Tracks_Final_18 May 2009).doc><BY-SA_ 3.0_Armenia-EN (With Tracks_Final_18 May 2009).doc><BY_3.0_Armenia-EN (Final_18 May 2009).doc><BY-NC_3.0_Armenia-EN (Final_18 May 2009).doc><BY-NC- ND_3.0_Armenia-EN (Final_18 May 2009).doc><BY-ND_3.0_Armenia-EN (Final_18 May 2009).doc><BY-SA_ 3.0_Armenia-EN (Final_18 May 2009).doc>







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