Creative Commons Ireland

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

I have written about derivatives here :

http://poethead.wordpress.com/2011/03/23/poetry-and-digitisation-how-derivatives-occur/

 and also here:

http://writing.ie/writers-toolbox/writing-better-poetry/getting-started-poetry/156-blogging-about-poetry-and-literaturem-a-discussion-on-licensing-original-work.html#rss

I know the ND is about the best option in terms of original works and that this

discussion is about the SA , but there is a need for focus and discussion on how

originators choose to licence their original works- often the area can be wooly.

A very interesting discussion began at the Harriet Monroe centre about original works

which I am also attaching >  http://www.centerforsocialmedia.org/fair-use/related-materials/codes/code-best-practices-fair-use-poetry

Thanks for responses, and I'd like to attend some meetings with notice in advance.

I am now a member of the PEN committee and I think that our members may also be interested

in the issue.

rgds,

C Murray

On Tue, Mar 29, 2011 at 6:21 PM, <cc-ie-request AT lists.ibiblio.org> wrote:

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Today's Topics:

  1. CC Licences and Translation Rights (Whelan, Darius)


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

Message: 1
Date: Tue, 29 Mar 2011 11:02:49 +0100
From: "Whelan, Darius" <D.Whelan AT ucc.ie>
To: <cc-ie AT lists.ibiblio.org>
Subject: [Cc-ie] CC Licences and Translation Rights
Message-ID:
       <A610A02E54E09440970F4210065D1A8C011384FF AT EXCH1.central.ad.ucc.ie">A610A02E54E09440970F4210065D1A8C011384FF AT EXCH1.central.ad.ucc.ie>
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Dear Christine,

We've been meaning to get back to you about your comment, but got sidetracked with other issues related to the porting process.

Many thanks for your comments, which raise interesting points for discussion.  We're hoping to have opportunities for licence users to meet up and discuss their experiences at some stage in the future, and will keep the list posted.
Also, if you're aware of conferences or seminars where it would be useful for us to attend and contribute (or maybe set up a session specifically on CC licences), please let us know.

The comments you've made apply to the CC licences generally, not to the Irish porting process specifically.  We agree with you that if an author wants to retain control over translations then they should not use a SA licence.
We referred your email to Diane Peters in the main CC office and she made the following point:

"Copyright law (pretty much around the world) provides that translations are derivatives, and that is an exclusive right reserved to the creator.  If you want to permit translations but not allow for other types of derivatives, one option is to use a ND license but then grant special permission to allow for translations only using our CC+ protocol.
(see http://wiki.creativecommons.org/CCPlus <http://wiki.creativecommons.org/CCPlus> ).
It's something that can be done presently, but using our protocol it allows the additional "permission to translate" to be noted on the CC deed, which facilitates its usage.  The same protocol can be used to grant other types of permissions to create derivatives that are more tightly associated with the original, or that ensure that attribution and specific credit be provided if a derivative is made."

We hope this helps,

Darius and Louise

d.whelan AT ucc.ie <mailto:d.whelan AT ucc.ie>  / l.crowley AT ucc.ie <mailto:l.crowley AT ucc.ie>




________________________________

From: cc-ie-bounces AT lists.ibiblio.org on behalf of Christine Murray
Sent: Fri 04/03/2011 10:12
To: cc-ie AT lists.ibiblio.org
Subject: Re: [Cc-ie] Cc-ie Digest, Vol 11, Issue 1


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.




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