[cc-licenses] CC0 beta/discussion draft 2

geni geniice at gmail.com
Thu Apr 17 18:23:46 EDT 2008


On 17/04/2008, Jordan S Hatcher <jordan at opencontentlawyer.com> wrote:
>
>  On 17 Apr 2008, at 02:47, geni wrote:
>  > On 17/04/2008, Mike Linksvayer <ml at creativecommons.org> wrote:
>  >> See http://creativecommons.org/weblog/entry/8211 for announcement,
>  >>  feedback encouraged on this list.
>  >>
>  >>  Key URLs (not intended for production use; this is still a beta):
>  >>
>  >>  - Get a CC0 waiver
>  >>   http://labs.creativecommons.org/license/zero
>  >
>  > Not really you can't. Just about possible to get rid of moral rights
>  > under common law. Napoleonic code not so much (this is on of the many
>  > reasons wikimedia-commons sticks to copyright). Even if we stick to UK
>  > common law that requires a signature or seal I'm not sure that works
>  > too well in an electronic format.
>  >
>  >>  - CC0 waiver legalcode
>  >>   http://labs.creativecommons.org/licenses/zero/1.0/legalcode
>  >>
>  >>
>  >>  Thanks,
>  >>  Mike
>  >
>  > I really can't see "uses in media and formats or by methods that have
>  > not yet been invented or conceived" holding up in quite a few
>  > jurisdictions.
>
>
> For both of these issues (moral rights and future uses) you may like
>  to see the approach we used in the Public Domain Dedication and
>  Licence (as both of them came up):
>
>  See 3.4 Moral rights
>
>  And at the end of 3.2 we used the phrase:
>
>  "To the extent possible in the relevant jurisdiction, the above
>  waiver of rights and claims applies worldwide and includes media and
>  formats now known or created in the future."
>
>  (some jurisdictions do allow for this kind of transfer and so they
>  should be allowed to do so).
>
>  As to the signature aspect you brought up, can you elaborate?  I've
>  mentioned a concern that a public domain dedication is like an
>  assignment, and assignments usually require signed writings (though
>  these can be electronic of course). <http://www.opendatacommons.org/
>  2007/12/20/implementing-the-public-domain-dedication/>  Specifically
>  for moral rights, there is a bunch of stuff about signatures in CDPA
>  s.78, but that is in relation to asserting the right in the first
>  place. After any assertion, I thought that any moral rights
>  permissions (including objection to derogatory treatment) were just
>  like other licences...
>
>  Thanks!
>
>  ~Jordan


 87 (2)" Any of those rights may be waived by instrument in writing
signed by the person giving up the right."

87(4) of course gives us some wiggle room but I'm not sure how well it
would work out with regards to moral rights.

And this is english common law. Under non common law jurisdictions
situation worse.

It is claimed that this system was to an extent inspired by wikimedia
commons's templates (enjoy the back humor of that) and there are good
reasons why commons limits itself to copyright concerns only and
avoids related rights.

-- 
geni



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