[Cc-south-caucasus] Armenia_New CC Licenses_5+1

Movses Hakobyan movses.hakobyan at gmail.com
Thu May 21 05:39:50 EDT 2009


Dear Catharina,
Thanks, that is what I actually need.
Best wishes
Movses

On Thu, May 21, 2009 at 10:37 AM, Catharina Maracke <
catharina at creativecommons.org> wrote:

> 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)<http://creativecommons.org/weblog/entry/7718%29>
>>   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>_______________________________________________
>>> Cc-south-caucasus mailing list
>>> Cc-south-caucasus at lists.ibiblio.org
>>> http://lists.ibiblio.org/mailman/listinfo/cc-south-caucasus
>>>
>>>
>>>
>>
>>
>> --
>> 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>
>>
>>
>
>
>


-- 
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



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