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[Sarah Pearson <sarah AT creativecommons.org>]

Hi, Tarmo: Thank you for the email!

The "NonCommercial purposes only" language will only be in the NC licenses. Apologies for not specifying that in my email.

We use "Similar rights" (rather than related or neighboring rights) because we wanted to find a term that does not have legal meaning outside of the licenses.  Because this particular defined term dictates the types of rights captured by the license, we thought it was important to avoid using a term that has a different scope in different jurisdictions. "Similar rights" is intended to include neighboring and related rights, however, and we will make sure to explain this in the educational materials for v4.

best,
Sarah

Sarah Hinchliff Pearson, Senior Counsel
Creative Commons
444 Castro Street, Suite 900
Mountain View, California 94041
skype: sarah-h-pearson
email: sarah AT creativecommons.org
______________________________

Please note: the contents of this email are not intended to be legal
advice nor should they be relied upon as, or represented to be legal
advice.  Creative Commons cannot and does not give legal advice.

On Sun, May 12, 2013 at 11:35 PM, Tarmo Toikkanen <tarmo.toikkanen AT aalto.fi> wrote:

4 (a) mentions "...NonCommercial purposes only." Is this the sentence found in the NC-variant, or in all CC 4.0 licenses?

The final paragraph mentions "Similar rights". I believe many affiliates recommended using the term "Related rights" instead, as it's the one used in the Berne convention. Will that change?

-- 

Tarmo Toikkanen

tarmo.toikkanen AT aalto.fi

Learning Environments research group, http://legroup.aalto.fi

Aalto university, http://www.aalto.fi

On Wednesday 8. 05 2013 at 19.55, Sarah Pearson wrote:

Hi everyone,

I wanted to alert you all to changes we have made to the sui generis database rights provisions in v4. We think the changes are relatively minor, but we would appreciate your close review to ensure that we have not unintentionally changed the meaning or operation of the license in this respect.

The primary change is that we have consolidated all of the provisions specific to SGDRs into a new section that will follow the license conditions. This is designed to make it easier to determine when these provisions are applicable and how they operate in relation to the rest of the license.

The other change is to the list of verbs in the provision that explains the permissions being granted with respect to SGDRs. Instead of "use and Share" as in the prior draft, it is now "extract, reuse, reproduce and Share." We decided that using the language from the EU Directive could help to avoid any ambiguity about what is allowed, so long as we also included "reproduce and Share" to cover jurisdictions that do not use the language from the Directive.

The revised text is cut and pasted below. Please let us know as soon as possible if you have questions or see anything problematic. We will be sending an email to the full mailing list very soon that provides a full explanation/summary of the final text of version 4.0.

best,
Sarah

Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.

Section 4 – Sui Generis Database Rights.

 Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

(a)  for the avoidance of doubt, Section 2(a) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for NonCommercial purposes only;

 (b)  if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its contents) is Adapted Material; and

(c) You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database. 

Nothing in this Section 4 limits or changes Your obligations under this Public License where the Licensed Rights include other Copyright and Similar Rights.

Sarah Hinchliff Pearson, Senior Counsel
Creative Commons
444 Castro Street, Suite 900
Mountain View, California 94041
skype: sarah-h-pearson
email: sarah AT creativecommons.org
______________________________

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