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cc-licenses - Re: [cc-licenses] Disclaimers for works of opinion as an incentive to free licensing

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Subject: Development of Creative Commons licenses

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  • From: Sarah Pearson <sarah AT creativecommons.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Disclaimers for works of opinion as an incentive to free licensing
  • Date: Wed, 2 May 2012 14:44:38 -0700

Glad to see the discussion about the treatment of moral rights. I do want to clarify one point from Rob's email. Version 4.0 does have language designed to address fair dealing and other limitations and exceptions to copyright. It is in Section 2(a)(i): "You can make any and all uses of the Licensed Work for which permission is not required under Applicable Copyright and Neighboring Rights without regard to this Public License."

Of course, if people think this language is not clear or could be made more prominent, we would definitely like to know. This is an incredibly important component of the licenses.

best,
Sarah

On Tue, May 1, 2012 at 10:22 AM, Rob Myers <rob AT robmyers.org> wrote:
On 05/01/2012 06:23 AM, Gisle Hannemyr wrote:
>
> At the present time, I have no better suggestion than keeping
> the compromise about moral rights that were used in
> CCPL ver. 3.0 in ver. 4.0 of the CC public license.

I see that the language used is from from Berne:

http://en.wikipedia.org/wiki/Moral_rights_%28copyright_law%29#Berne_Convention

4.0d1 also removes the statement that the licenses do not reduce fair
use/fair dealing rights. I would *very* much like to see this restored.

So possibly mentioning that the licenses do not affect moral rights or
fair use/fair dealing is a nice balance.

I'm not sure the licenses need to be specific about the details.

- Rob.
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