[cc-licenses] CC0 beta/discussion draft launch
Jordan S Hatcher
jordan at opencontentlawyer.com
Wed Jan 30 05:36:46 EST 2008
On 29 Jan 2008, at 19:49, Claudio Ruiz wrote:
> Either way, from the strict legal sense, in Chile we have a
> important legal problem waiving patrimonial rights. While art.
> 11 of Copyright Law stablish the waive of all patrimonial rights as
> a public domain situation, art. 86 stand all the patrimonial rights
> as unrenunciable by authors (??).
> We've been in our National Congress debating the reform of
> copyright law and this is certainly a very important situation that
> we've pointed, but there's not solution at this time. I think this
> legal situation must be solved before spread CC0 in Chile. Sadly :(
There are two parts to the public domain dedication legal code in the
CCZero waiver however.
1. complete waiver (which could have the problems you mentioned above)
2. a licence covering just about anything you can think of with the
The relevant legal code in the CCZero Waiver is:
"Should the Waiver for any reason be judged legally ineffective in
any jurisdiction, the Affirmer hereby grants a free, full, permanent,
irrevocable, nonexclusive and worldwide license for all her or his
copyright and related or neighboring legal rights in the Work."
So despite ambiguity in the law in Chile about waiving rights, the
approach could be to fully license them like above. This would both
implement the Science Commons protocol and be a port for CCZero.
You could also write a waiver (I would think) given that the law has
conflicting text on whether that is okay. You don't have to take the
prohibition as the legal standard -- you can argue that the law
allowing it is the one that takes precedence.
Mr. Jordan S Hatcher, JD, LLM
jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net
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