Creative Commons Ireland

[Christine Murray <c.elizabethmurray AT gmail.com>]

Re : New Draft of CC Ireland Licence (Whelan, Darius)

As an initial comment, I believe that  there should be meetings on the licences and how

we use them as people who create and put original works in the public domain.

I have read most of the draft copy and would begin my input by saying, I used the ND

( CC-BY-ND) licence moreso than a derivative licence (than an SA), because one really

does not know how far people would 'tweak' the work, especially in translation/linguistic

terms.

This is a huge grey area in creative arts and online dissemination, there are certain protections

for authors, artists and musicians through Fair Use policies, through attribution but I do not

think that I can apply SA to translation (as Derivation). Protections occur in the form of

the Barcelona Declaration and the author's moral rights to ownership but there really is

a problem in the area of linguistic rights and non-author translation ,as opposed to

collaborative translation. For example if a really awful clunky translation of an original work

occurs and is licensed as 3.0/BY-NC-SA (without impinging on the original work of the

artist but built upon this work) it detracts from the original work. In this case, I would be

reluctant to licence something that can be translated except with a ND. The drawback 

of using the ND is that it limits the creativity of the translator .

Authors should be aware that the SA which allows build-upon and derivatives can

impinge upon the intention of the original work, but a necessary part of dissemination

is translation rights, thus should there not be an application for Permissions inherent in the

SA ?

If You license the Derivative Work under one of the licences mentioned in (iv), You must comply with the terms of that licence. If You license the Derivative Work under the terms of any of the licences mentioned in (i), (ii) or (iii) (the “Applicable Licence”), You must comply with the terms of the Applicable Licence and the following provisions: (I) You must include a copy of, or the URI for, the Applicable Licence with every copy of each Derivative Work You distribute, display or Perform; (II) You may not offer or impose any terms on the Derivative Work that restrict the terms of the Applicable Licence or the ability of the recipient of the Derivative Work to exercise the rights granted to that recipient under the terms of the Applicable Licence; (III) You must keep intact all notices that refer to this Licence and to the disclaimer of warranties with every copy of the Work as included in the Derivative Work You Distribute or Perform; (IV) When You Distribute or Perform the Derivative Work, You may not impose any effective technological measures on the Derivative Work that restrict the ability of a recipient of the Derivative Work from You to exercise the rights granted to that recipient under the terms of the Applicable Licence. This Section 4(b) applies to the Derivative Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Derivative Work itself to be made subject to the terms of the Applicable Licence.

C.

On Thu, Mar 3, 2011 at 6:21 PM, <cc-ie-request AT lists.ibiblio.org> wrote:

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Today's Topics:

  1. New Draft of CC Ireland Licence (Whelan, Darius)


----------------------------------------------------------------------

Message: 1
Date: Wed, 2 Mar 2011 17:50:36 -0000
From: "Whelan, Darius" <D.Whelan AT ucc.ie>
To: <cc-ie AT lists.ibiblio.org>
Subject: [Cc-ie] New Draft of CC Ireland Licence
Message-ID:
       <A610A02E54E09440970F4210065D1A8C01138402 AT EXCH1.central.ad.ucc.ie">A610A02E54E09440970F4210065D1A8C01138402 AT EXCH1.central.ad.ucc.ie>
Content-Type: text/plain; charset="iso-8859-1"

We are happy to announce the next phase of public discussion of CC Ireland's license draft, CC BY-NC-SA 3.0 Ireland.[1] A previous version of this license was published and opened for discussion and we are now seeking comments on the latest revised version.

To contribute a suggestion or question, please visit the BY-NC-SA 3.0 license draft page[2] and use the wiki's discussion page to share your thoughts. You are also welcome to join the CC Ireland mailing list[3] for further news and commentary about local activities.

The public discussion is an open forum where everyone - from lawyers to active license users, from linguists to translators - can contribute and improve the license texts. Comments should be submitted as soon as possible to allow enough time for review, so we encourage you to post to the list before the end of March 2011, when the discussion is scheduled to close.

Links:
[1] http://wiki.creativecommons.org/Ireland
[2] http://wiki.creativecommons.org/Ireland/3.0/BY-NC-SA/Draft
[3] http://lists.ibiblio.org/mailman/listinfo/cc-ie

See also our Creative Commons Ireland site here:
http://www.ucc.ie/law/irishlaw/creativecommons/

All the best,

Darius and Louise


Darius Whelan and Louise Crowley,
Faculty of Law,
University College Cork, Ireland.
Tel. +353-21- 490 3452.  Fax +353-21-427 0690
d.whelan AT ucc.ie   / l.crowley AT ucc.ie
http://www.ucc.ie/law/irishlaw/creativecommons/


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