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cc-europe - Re: [CC-Europe] ccuk fact sheet and FAQ on Open Science

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  • From: Diane Peters <diane AT creativecommons.org>
  • To: Maarten Zeinstra <mz AT kl.nl>
  • Cc: Thomas Margoni <thomas.margoni AT glasgow.ac.uk>, "cc-europe AT lists.ibiblio.org" <CC-Europe AT lists.ibiblio.org>
  • Subject: Re: [CC-Europe] ccuk fact sheet and FAQ on Open Science
  • Date: Thu, 10 Aug 2017 06:13:24 -0700

To weigh in on Maarten's last point, the entire license is predicated on its conditions (including attribution) applying only where there is an underlying right enforceable against a licensee. If a user of a CC-licensed database is not subject to the restrictions of the territorial-confined sui generic database right (any other copyright obligations aside), then there is no obligation to attribute.

These were difficult provisions to draft, as you'll remember. But the short take is the license should never be read to export rights and conditions where they otherwise do not exist.

If I'm misunderstanding your question let me know. When I last reviewed, Thomas' documents are consistent on this point. Tricky stuff to navigate, but worth the trouble. If there's clarifying language you want to suggest then that should be incorporated.


On Thu, Aug 10, 2017 at 4:38 AM, Maarten Zeinstra <mz AT kl.nl> wrote:
Hi Thomas,

Thanks for this. Looks like a clear set of documents. on first glance I have a few remarks 

1. Can you also share the source files for those that want to translate the document?
3. Doesn’t the CC BY 4.0 include SGDR and effectively export Attributions requirements via that way? Article 3 of CC BY 4.0 makes no exception for underlying rights that do not require attribution.
 
Best,

Maarten

--
Kennisland | www.kl.nl | t +31205756720 | m +31643053919 | @mzeinstra

On 10 Aug 2017, at 12:41, Thomas Margoni <thomas.margoni AT glasgow.ac.uk> wrote:

Dear all,

CC-UK with the help of some of you has been working on the development of two documents on CC and Open Science, a fact-sheet and an FAQ. Please find the link to the first version below. Any comments, feed-back or suggestions you may have would be very much appreciated!

https://zenodo.org/record/841086#.WYwTWYpLdE4

https://zenodo.org/record/840652#.WYwTcopLdE6


best,

thomas


--
Dr. Thomas Margoni
Senior Lecturer in Intellectual Property and Internet Law
Director of the LLM in Intellectual Property and the Digital Economy
School of Law - CREATe Centre
University of Glasgow
http://ssrn.com/author=1383303

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