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Re: [CC-Europe] request for input: database rights in CC v4.0
- From: "Guibault, Lucie" <L.Guibault AT uva.nl>
- To: 'Sarah Pearson' <sarah AT creativecommons.org>, 'Federico Morando' <federico.morando AT polito.it>
- Cc: "'cc-europe AT lists.ibiblio.org'" <cc-europe AT lists.ibiblio.org>
- Subject: Re: [CC-Europe] request for input: database rights in CC v4.0
- Date: Wed, 30 Jan 2013 12:58:52 +0000
Dear Sarah, dear all, Please let me react in line with previous comments: 1) A licensor applies BY-SA to a database, in which case it is assumed the license applies to any rights the licensor has in the database structure (copyright and/or SGDRs)
and any rights he or she has in the database contents.
2) A licensee extracts and reuses a substantial portion of a BY-SA-licensed database in his own separate database in which he has SGDRs, in which case the obligation to ShareAlike only extends
to the rights he has in the database structure (copyright and/or SGDRs).
Scenario # 1 would be licensing a ‘product’ in a holistic manner. On the condition that if they own the rights in the contents, licensors
will rarely license with the intention to only apply the licensing elements to the database and not the contents. If a licensor wants to publish all information in its databases including content under these conditions, he should be able to do so with one
licence (contrary to ODbL). Scenario # 2 would offer a solution in case one or more different persons own the copyright/related rights in the contents of the database.
If I make a database of all works included in the Dutch museums, and I license this database under a CC BY-SA, I am not in a position to license the contents of this database under the same terms because I don’t own the rights. Then, an ODbL system might be
useful. The problem is to choose the right default. Should it be ‘everything is licensed under CC By-SA unless indicated otherwise’ or should
it be ‘only the database is CC BY-SA and the content is ???’ Personally I think that scenario # 1 is preferable with the mention ‘unless indicated otherwise’. Because it is less burdensome for
both licensor and licensee to have an opt-out regime as default than an opt-in for the content. From experience in different fields, this is what I picked-up. In any case, it is obvious these concepts are not entirely clear. We will work on
refining the definition of Adapted Material to better convey concept #2 above. Does anyone think we should also try to articulate concept #1 in the license text itself, or is this something we should continue to explain outside the license? Alternatively,
we would be interested to know if anyone thinks this is the wrong default. (For example, a licensor should have to apply two separate licenses to a database in order to cover its structure and its contents, similar to how the ODbL works.) Regarding this question, I strongly disagree with the statement ‘Where that licensed database is small, a quantitatively or qualitatively
substantial portion may relatively insignificant’ and with the outcome. If the initial database is small, any re-use of it will be significant and outside the CC-sphere it would amount to infringement even if this small database ends up drowned into a huge
database. The licensor has a reasonable expectation of being able to license under CC BY-SA and see these conditions adhered to by the licensee. I don’t know why the expectations of the small database maker (who may have invested significant time, expertise
and money in making his database) should weigh less than the licensee’s wish to re-use the contents of the database. The same principle exists in open source software, doesn’t it? To my understanding, there is nothing in the GPL which limits the application
of the copyleft clause only to big software components and not small ones. I don’t see why there should be a distinction in size. Who decides what’s big or small? Best regards, Lucie
On Mon, Jan 28, 2013 at 5:47 AM, Federico Morando <federico.morando AT polito.it> wrote: On 01/28/2013 02:07 PM, T. Margoni wrote: This is how I understand this point:
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Re: [CC-Europe] request for input: database rights in CC v4.0
, (continued)
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Re: [CC-Europe] request for input: database rights in CC v4.0,
Sarah Pearson, 01/24/2013
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Re: [CC-Europe] request for input: database rights in CC v4.0,
John Hendrik Weitzmann, 01/24/2013
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Re: [CC-Europe] request for input: database rights in CC v4.0,
Sarah Pearson, 01/24/2013
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Re: [CC-Europe] request for input: database rights in CC v4.0,
Federico Morando, 01/25/2013
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Re: [CC-Europe] request for input: database rights in CC v4.0,
T. Margoni, 01/25/2013
- Re: [CC-Europe] request for input: database rights in CC v4.0, melanie dulong, 01/25/2013
- Re: [CC-Europe] request for input: database rights in CC v4.0, Sarah Pearson, 01/25/2013
- Re: [CC-Europe] request for input: database rights in CC v4.0, T. Margoni, 01/28/2013
- Re: [CC-Europe] request for input: database rights in CC v4.0, Federico Morando, 01/28/2013
- Re: [CC-Europe] request for input: database rights in CC v4.0, Sarah Pearson, 01/28/2013
- Re: [CC-Europe] request for input: database rights in CC v4.0, Guibault, Lucie, 01/30/2013
- Re: [CC-Europe] request for input: database rights in CC v4.0, T. Margoni, 01/30/2013
- Re: [CC-Europe] request for input: database rights in CC v4.0, Sarah Pearson, 01/30/2013
- Message not available
- Re: [CC-Europe] request for input: database rights in CC v4.0, Tarmo Toikkanen, 01/30/2013
- Re: [CC-Europe] request for input: database rights in CC v4.0, Sarah Pearson, 01/31/2013
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Re: [CC-Europe] request for input: database rights in CC v4.0,
T. Margoni, 01/25/2013
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Re: [CC-Europe] request for input: database rights in CC v4.0,
Federico Morando, 01/25/2013
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Re: [CC-Europe] request for input: database rights in CC v4.0,
Sarah Pearson, 01/24/2013
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Re: [CC-Europe] request for input: database rights in CC v4.0,
John Hendrik Weitzmann, 01/24/2013
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Re: [CC-Europe] request for input: database rights in CC v4.0,
Sarah Pearson, 01/24/2013
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