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Subject: Development of Creative Commons licenses

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  • From: Kat Walsh <kat AT creativecommons.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>, cc-affiliates AT lists.ibiblio.org
  • Subject: [cc-licenses] Draft 3 Regional Call notes are published
  • Date: Thu, 25 Apr 2013 15:26:42 -0700

The notes from the Draft 3 regional calls are now up on the wiki at

http://wiki.creativecommons.org/4.0/Draft_3/Regional_calls

The following topics were covered in each call, with initial overviews of the issues as published in Draft 3 provided by CC HQ (which are summarized briefly here, and included in more detail alongside affiliate comments on the wiki page):

    Using this public license:

This new section is not part of the license, but provides important reminders and information for licensors and licensees. We were inspired to create this new section as a result of an earlier proposal to reintroduce representations and warranties on the part of the licensor.

    License interpretation

This provision is designed to provide some predictability for licensors and licensees about how the license operates. This clause is only intended to govern a determination as to infringement, and leaves to the relevant authority the ability to conclude which law applies to other matters.

    License grant: scope

This draft utilizes slightly different terminology and defined terms, but the categories of rights being licensed remain unchanged: copyright, neighboring rights and SGDRs. The change in draft 3 is that the license grant no longer states an exhaustive list of things the licensee is allowed to do.

    Treatment of licensor's publicity and privacy rights

Publicity and privacy rights are now treated like moral rights -- they are waived or not asserted to the extent necessary for the licensee to exercise the licensed rights. 

    Attribution and marking

In draft 3, licensees must indicate if they have modified a work, and if so include link to the original. This is now the only time a link is required for attribution.

    Treatment of sui generis database rights

The license grants permission to do things that implicate SGDRs. The license grant includes using and sharing a substantial portion of database contents as an example so that licensees have no doubt that permission is granted. Including SGDRs in the license will only have an effect in jurisdictions where those rights are enacted. 

    NonCommercial

No change to the name of NC; we may include "Commercial Rights Reserved" in other messaging.

    Licensing of adaptations under BY and BY-NC

We have made it explicit how you can license adaptations under BY and BY-NC. If you can comply with the CC license and the terms of whatever license applied to the adaptation, then it is allowed. 

    Creative Commons Compatible License: definition, inclusion in BY-NC-SA

The definition of "Creative Commons Compatible License" has been changed in d3 to remove the two-way requirement. We think it’s possible to allow one-way compatibility, but we need a community discussion on this. The second change is that we have included this definition in BY-NC-SA also. 

    TPMs and permission to circumvent

This new express permission allows circumvention only of those effective technological measures applied by the licensor. The license can't give permission to break third party TPMs because they aren't a party to the license. 

    Termination and cure period

CC licenses have always had an automatic termination upon breach. In draft 3, there is now a mechanism for licensees to get their rights reinstated automatically: they have 30 days to correct the violation and get new rights under the license without having to contact the licensor. 

    Other topics 

Porting: We want to reduce to the greatest extent possible the need for porting due to legal needs, and have provided a means to comment on the draft publicly. We will not be prohibiting porting. We will, however, be insisting that any affiliate team requesting to port demonstrate a legal need or another compelling purpose.

Deed: Once legal code is finalized, we will turn to the deed and other implementation matters. We may have a separate deed for 4.0 and leave the existing deed for 3.0 and prior. We will also consider what should be on the deed in terms of priorities.

Pending 3.0 ports: We have four ports of 3.0 still moving forward. One of those is the intergovernmental port, which contains an alternative dispute resolution provision. 

-Kat

--
Kat Walsh, Counsel, Creative Commons
IM/IRC/@/etc: mindspillage * phone: please email first
Help us support the commons: https://creativecommons.net/donate/
CC does not and cannot give legal advice. If you need legal advice, please consult your attorney.


  • [cc-licenses] Draft 3 Regional Call notes are published, Kat Walsh, 04/25/2013

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