Development of Creative Commons licenses

[Jordan S Hatcher <jordan AT opencontentlawyer.com>]

On 1 Oct 2007, at 03:39, paola.dimaio AT gmail.com wrote:

> Jordan
>
> what is the copyright situation for the cc licenses - as you seem  
> well informed
> is there a trademark registration?
> for which countries?
>
> Anyway, I have no problem in call it MY Creative Commons
>
> unless of course, cc intend to prohibit the usage of the trademark
> world wide - which would
> be another intersting story

I don't know why that would be particularly interesting -- companies  
and individuals have trade mark rights throughout the world all the  
time and even enforce them. There are whole international treaties  
about trade mark, believe it or not, and while the system itself may  
be very interesting (at least to me) the idea of one organisation  
enforcing their trade mark rights within that system certainly  
wouldn't be novel.

> Nobody can trademark the name 'commons' afaik - caust it is a term to
> indicate the public domain
They don't call themselves 'commons'. The mark CREATIVE COMMONS is a  
registered trade mark, and (to cut a long legal argument short) it  
doesn't matter that COMMONS (may) mean public domain.

> I am pretty confident that we'll meet in court  anyway one day or  
> another
> what's your jurisdiction btw?

I certainly hope not.

> :-)\
>
> pdm
>
>
> On 9/30/07, Jordan S Hatcher <jordan AT opencontentlawyer.com> wrote:
> > On 30 Sep 2007, at 06:34, paola.dimaio AT gmail.com wrote:
> >
> > > So, my cc licenses from now on will have a 'ethical usage', as per a
> > > definition to be finalized. Which means, the work is licensed  
> > > under cc
> > > provided the ethical clause is met.
> >
> > As noted by others, if you do so, this is NOT as CC licence.  This
> > would be the "Paola DiMaio licence" and not a Creative Commons  
> > licence.

____
Mr. Jordan S Hatcher, JD, LLM

jordan at opencontentlawyer dot com
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net

Open Data Commons
http://www.opencontentlawyer.com/open-data/

Usage of Creative Commons by cultural heritage organisations
http://www.eduserv.org.uk/foundation/studies/cc2007