Development of Creative Commons licenses

[John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de>]

Hi all,

from the current discussion about harmonizing copyright exceptions &
limitations in the EU:

If picture were made in public areas of a country where the copyright
law only allows non-commercial use under the local "freedom of panorama"
use, would you agree that those cannot prudently be shared under
anything but an NC-restricted public license? Wouldn't any non-NC
license be partly inoperative as far as commercial rights remain with
the architects or sculptors of the works seen in the pictures?

I mean, leaving the difficulties of cross-border copyright enforcement
aside, it is possible to sue people at their place of residence for
infringement in another country. And especially public bodies would
probably strive to avoid even having such an action filed, let alone be
convicted, regardless of whether the public bodies are re-users of such
pics or sharing them in an incomplete and thus misleading way.

Thoughts?

John
CC DE