[Cc-gr] Fwd: [CCi] CC0 Jurisdiction Survey Results: Next Steps

Theodoros G. Karounos karounos at mail.ntua.gr
Tue Oct 14 17:02:20 EDT 2008

---------- Forwarded message ----------
From: Diane Peters <diane at creativecommons.org>
Date: 2008/10/14
Subject: [CCi] CC0 Jurisdiction Survey Results: Next Steps
To: cci at lists.ibiblio.org

Hi everyone,
Thanks to all of you who were able to find time to complete the CC0
Jurisdiction Survey.  In all, some 18 jurisdictions responded, providing
valuable information about the enforceability and limitations of CC0 as a
legal tool for removing copyright protections in various jurisdictions.  The
unedited survey feedback is contained in the attached document.

For those of you who would still like the opportunity to respond to the
survey, please feel free to do so.  We hope the response pool continues to
grow so that it might serve as a resource for all of us and others long
after CC0 is published for adoption this Fall.  We will be posting the
survey results to the wiki the first part of November.

Learnings.   The survey results, together with supplemental research we
undertook while the survey was underway, proved valuable in several
respects.  Importantly, the challenge of placing a work squarely and
unquestionably in the public domain in many jurisdictions was made
abundantly clear, confirming what many of us knew to be the case in our own
jurisdictions and in others.  The challenge is largely due to restrictions
on eliminating moral rights, but other difficulties such as form and
consideration requirements surfaced as well.

Notwithstanding, the survey results and research lead us to conclude that
CC0 can still be a useful, robust tool outside of the US and for more than
just data.  Putting users of CC0'd content in the strongest position
possible vis-a-vis affirmers will be key, and the survey results and
research provide guidance on how that can be accomplished.  For example,
moral rights are not always absolute.  Some courts balance the legitimate
interests of the parties based on potential uses described in the legal
instrument.  This supports inclusion of a more complete statement of the
uses to which affirmers intend their works be put.  Other challenges, such
as form and consideration issues, can also be managed in part through a few
minor revisions.  We also recognize the need for strengthening the fallback
license position given that most courts in the EU will bypass the attempt to
waive rights and instead interpret CC0 as a license in the first instance.

These issues and more may be helped (though admittedly not eliminated in
their entirety) through some subtle yet important changes to CC0.

Next Steps.  We will be presenting the results of the survey together
together with proposed revisions to CC0 next week at the Communia Workshop
on Marking the Public Domain (http://www.communia-project.eu/node/109).  The
proposed changes to CC0 will be posted to this list for feedback also,
please watch for those in the next few days.  In addition, a summary of the
CC0 discussion at Communia will be sent to this list by the end of next week
so that you may all have the benefit of those conversations.

We encourage everyone to please review the survey responses that so many of
the jurisdiction leads took time to prepare.  Comments and feedback should
be provided on this list.

If you have questions in the interim about the survey results or our next
steps, please feel free to let me know.

Kind regards,

Diane M. Peters, General Counsel
Creative Commons
171 Second St, Suite 300
San Francisco, CA  94105
office: +1 415-369-8480
fax: +1 415-278-9419
cell: +1 503-803-8338
skype:  peterspdx
email:diane at creativecommons.org <email%3Adiane at creativecommons.org>

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