Development of Creative Commons licenses

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

On 29 Jan 2008, at 19:49, Claudio Ruiz wrote:

> Either way, from the strict legal sense, in Chile we have a  
> important legal problem waiving patrimonial rights. While art.  
> 11 of Copyright Law stablish the waive of all patrimonial rights as  
> a public domain situation, art. 86 stand all the patrimonial rights  
> as unrenunciable by authors (??).
>
> We've been in our National Congress debating the reform of  
> copyright law and this is certainly a very important situation that  
> we've pointed, but there's not solution at this time. I think this  
> legal situation must be solved before spread CC0 in Chile. Sadly :(

There are two parts to the public domain dedication legal code in the  
CCZero waiver however.

1. complete waiver (which could have the problems you mentioned above)
2. a licence covering just about anything you can think of with the  
work.

The relevant legal code in the CCZero Waiver is:

"Should the Waiver for any reason be judged legally ineffective in  
any jurisdiction, the Affirmer hereby grants a free, full, permanent,  
irrevocable, nonexclusive and worldwide license for all her or his  
copyright and related or neighboring legal rights in the Work."

<http://labs.creativecommons.org/licenses/zero-waive/1.0/us/legalcode>

So despite ambiguity in the law in Chile about waiving rights, the  
approach could be to fully license them like above. This would both  
implement the Science Commons protocol and be a port for CCZero.

You could also write a waiver (I would think) given that the law has  
conflicting text on whether that is okay.  You don't have to take the  
prohibition as the legal standard -- you can argue that the law  
allowing it is the one that takes precedence.

Thanks!

~Jordan



____
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://opendatacommons.org>

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