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Subject: Creative Commons in the South Caucasus

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  • From: Movses Hakobyan <movses.hakobyan AT gmail.com>
  • To: Catharina Maracke <catharina AT creativecommons.org>
  • Cc: cc-south-caucasus AT lists.ibiblio.org, Diane Peters <diane AT creativecommons.org>
  • Subject: Re: [Cc-south-caucasus] Armenia_ALL CC Licenses
  • Date: Wed, 24 Jun 2009 17:28:37 +0500

Dear Catharina,
It is very nice to come to the conclusion with drafting Licenses. I hope in
a couple of days I will forward all materials for proofreading.
Thank you for expertize
Movses

On Wed, Jun 24, 2009 at 15:47, Catharina Maracke <
catharina AT creativecommons.org> wrote:

> Dear Movses,
> Many thanks for getting back to me on this. Your suggestion sounds fine to
> me if this also fits into Armenian law? If you go for this solution, please
> make sure that in both licenses including the ND element (BY-ND and
> BY-NC-ND) you don't mention the term "derivative work" or "adaptation" in
> the license grant or in Section 7) or 8).
>
> Diane, do you have any objections or concerns?
>
> Thank you very much again to all of you.
>
> Catharina
>
> Dr. Catharina Maracke
> catharina AT creativecommons.org
>
>
>
>
> On Jun 22, 2009, at 2:12 PM, Movses Hakobyan wrote:
>
> Dear Catharina,
> I see we are in the final stage, and just the last question: what do you
> think if I take over the structure /solution from BY-ND Unported version as
> below? Is this OK? So, first goes definition of Adaptation that includes
> "derivative work" (only for the purpose of this License) then "collection"
> that will not be considered asan Adaptation and so on.
>
> Movses
>
> *1. Definitions*
>
> 1. *"Adaptation"* means a work based upon the Work, or upon the Work
> and other pre-existing works, such as a translation, adaptation,
> derivative
> work, arrangement of music or other alterations of a literary or
> artistic work, or phonogram or performance and includes cinematographic
> adaptations or any other form in which the Work may be recast,
> transformed,
> or adapted including in any form recognizably derived from the original,
> except that a work that constitutes a Collection will not be considered
> an
> Adaptation for the purpose of this License. For the avoidance of doubt,
> where the Work is a musical work, performance or phonogram, the
> synchronization of the Work in timed-relation with a moving image
> ("synching") will be considered an Adaptation for the purpose of this
> License.
> 2. *"Collection"* means a collection of literary or artistic works,
> such as encyclopedias and anthologies, or performances, phonograms or
> broadcasts, or other works or subject matter other than works listed in
> Section 1(f) below, which, by reason of the selection and arrangement
> of their contents, constitute intellectual creations, in which the Work
> is
> included in its entirety in unmodified form along with one or more other
> contributions, each constituting separate and independent works in
> themselves, which together are assembled into a collective whole. A work
> that constitutes a Collection will not be considered an Adaptation (as
> defined above) for the purposes of this License.
>
>
>
> On Fri, Jun 19, 2009 at 17:46, Catharina Maracke <
> catharina AT creativecommons.org> wrote:
>
>> Dear Movses,
>> Many thanks for your reply! I think your suggestion sounds fine and we
>> should go ahead. As mentioned, it would be important to clearly separate
>> collections and adaptations (or any other appropriate term for "adaptation"
>> depending on local Copyright law) so that we can clarify that both ND
>> licenses (BY-ND and BY-NC-ND) don't allow for derivative works but still
>> allow to distribute and publicly perform the work including as incorporated
>> in collections.
>>
>> My apologies for not being aware of this earlier - sometimes some final
>> questions only come up at the very last minute.
>>
>> Could you revise the licenses and send back to us for final proofreading?
>>
>> Thank you very much.
>>
>> Catharina
>>
>>
>> Dr. Catharina Maracke
>> catharina AT creativecommons.org
>>
>>
>>
>>
>> On Jun 16, 2009, at 2:17 PM, Movses Hakobyan wrote:
>>
>> Dear Catharina,
>> Back to our discussions on the first license BY-NC-SA, I made "derivative
>> work" to include both adaptations and collections based on the provisions
>> of
>> Armenian Copyright Law. At that time we agreed to follow that formulation
>> to
>> be in line with Law at least for this point. However, in order to find
>> optimal solution I separated adaptations and collections within "derivative
>> work" definition to address them separately in the wording of License.
>> So, on this point, what I can suggest (BY-ND License) is:
>>
>> 1. Keep two definitions (Adaptation and Collection) intact but remove
>> the note on derivative work (Section 1.a) as it is appeared in Unported
>> version (BY-ND License).
>> 2. Distinguish Collections from Adaptations (instead of derivative
>> work- As you suggested-Am I right?) with mentioning -"for the purpose of
>> this license".
>> 3. And finally implement all abovementioned only in BY-ND license.
>>
>> I am looking for your reply
>> Thank you
>> Movses
>>
>>




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