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  • From: Thomas Margoni <thomas.margoni AT glasgow.ac.uk>
  • To: <diane AT creativecommons.org>, <CC-Europe AT lists.ibiblio.org>
  • Subject: Re: [CC-Europe] ccuk fact sheet and FAQ on Open Science
  • Date: Thu, 10 Aug 2017 17:01:48 +0100

Hi again,

So, what we are trying to say, which I believe is consistent with Diane's email is:

If a non original database which is protected only by SGDR is licensed with CC BY 4.0, licensees must attribute authorship even if SGDR comes with no such a requirement (i.e. no moral rights). Under this point of view, using a CC BY could be seen as more restrictive not only of CC0, but of the law because the law does not require attribution for SGDR. This is true, however, only if you need a licence (Diane's point), because if you do not need a licence, e.g. you are outside EU and there is no SGDR, then the licence is not triggered and you don't have to apply attribution if you use the work. However, if you are in a country where SGDR exists (e.g. EU) then you can only use that database if you accept the licence and the licence requires you to attribute (even if there is no such a corresponding legal requirement).

The point should be: use CC0 for data not CC BY. If this is not clear enough please let me know and we can update the wording in the next version.


best,

thomas




On 10/08/17 14:13, Diane Peters wrote:
CAJjMn5qZpa+1vKrTCcxRbf8PXQfPZw8zz7Rpm9S-UwTZcgpT6w AT mail.gmail.com">
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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_______________________________________________
CC-Europe mailing list
CC-Europe AT lists.ibiblio.org
https://lists.ibiblio.org/mailman/listinfo/cc-europe



-- 
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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