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cc-licenses - Re: [cc-licenses] CC0 beta/discussion draft 2

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Subject: Development of Creative Commons licenses

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  • From: Jordan S Hatcher <jordan AT opencontentlawyer.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] CC0 beta/discussion draft 2
  • Date: Thu, 17 Apr 2008 08:41:57 +0100


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








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