Development of Creative Commons licenses

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

On 17 Apr 2008, at 02:47, geni wrote:
> On 17/04/2008, Mike Linksvayer <ml AT creativecommons.org> wrote:
> > See http://creativecommons.org/weblog/entry/8211 for announcement,
> >  feedback encouraged on this list.
> >
> >  Key URLs (not intended for production use; this is still a beta):
> >
> >  - Get a CC0 waiver
> >   http://labs.creativecommons.org/license/zero
>
> Not really you can't. Just about possible to get rid of moral rights
> under common law. Napoleonic code not so much (this is on of the many
> reasons wikimedia-commons sticks to copyright). Even if we stick to UK
> common law that requires a signature or seal I'm not sure that works
> too well in an electronic format.
>
> >  - CC0 waiver legalcode
> >   http://labs.creativecommons.org/licenses/zero/1.0/legalcode
> >
> >
> >  Thanks,
> >  Mike
>
> I really can't see "uses in media and formats or by methods that have
> not yet been invented or conceived" holding up in quite a few
> jurisdictions.

For both of these issues (moral rights and future uses) you may like  
to see the approach we used in the Public Domain Dedication and  
Licence (as both of them came up):

See 3.4 Moral rights

And at the end of 3.2 we used the phrase:

"To the extent possible in the relevant jurisdiction, the above  
waiver of rights and claims applies worldwide and includes media and  
formats now known or created in the future."

(some jurisdictions do allow for this kind of transfer and so they  
should be allowed to do so).

As to the signature aspect you brought up, can you elaborate?  I've  
mentioned a concern that a public domain dedication is like an  
assignment, and assignments usually require signed writings (though  
these can be electronic of course). <http://www.opendatacommons.org/ 
2007/12/20/implementing-the-public-domain-dedication/>  Specifically  
for moral rights, there is a bunch of stuff about signatures in CDPA  
s.78, but that is in relation to asserting the right in the first  
place. After any assertion, I thought that any moral rights  
permissions (including objection to derogatory treatment) were just  
like other licences...

Thanks!

~Jordan



> --
> geni
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____
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