Creative Commons in the South Caucasus

[Movses Hakobyan <movses.hakobyan AT gmail.com>]

Dear Catharina,
Thank you for clarifications, below you can find my comments/questions.
Sincerely
Movses

On Wed, May 20, 2009 at 11:30 AM, Catharina Maracke <
catharina AT creativecommons.org> wrote:

> Dear Movses.
> Many thanks for sending the revised versions. Please see my additional
> comments below. Would you like to let me know your thoughts and then
> implement and get back to me? In particular the Moral Rights section should
> be discussed briefly.
>
> Best wishes,
>
> Catharina
>
> *
>> BY:*
>> * License Grant: Waiver for sui generis database right is listed in a
>> separate numeration whereas in some other licenses (e.g. BY-NC), this
>> section is part of the last sentence of section 3. Please make sure that
>> this is consistent with all six licenses.
>>
> OK
>
>>
>>
>> *Section 4d): Moral Rights language is not what we agreed on?
>>
> Right, I just followed the wording of unported licenses that I thought is
> preferable (changed)
>
> I am very sorry to have missed that part - we should have discussed the
> Moral Rights at a much earlier stage during the process. The background is
> that CC has been criticized a lot in the past in terms of the current
> wording for the "unported" license (please see
> http://creativecommons.org/weblog/entry/7718)<http://creativecommons.org/weblog/entry/7718%29>
>   and we are still discussing a new wording and draft for the unported
> licenses. Meanwhile, we have used a simple sentence as starting point for
> the discussion to find the best solution for each jurisdiction: "Moral
> Rights remain unaffected to the extent they are recognized and not waivable
> by applicable law".  Do you think this would fit under Armenian law? It
> would make things a lot easier and consistent with other jurisdiction
> licenses.
>
Yes, I think such way is OK but the current wording of Armenian licenses
does not principally differ from what you suggest:* * *Non-economic
rights (Moral
Rights) of the Author **and Performer remain unaffected to the extent they
are recognized and not waivable by** applicable law.*
However, if such formulation is not appropriate let me know.

>
>> *BY-NC:*
>>
>> *In Preamble refers to the term "Work" whereas the BY and BY-NC-SA
>> licenses refer to the "Rights of the Licensor with respect to his / 
>> work....
>> "?
>>
> Thanks, I overlooked that
>
>>
>> *License Grant: Last sentence should be amended to reflect NC structure?
>> See last sentence of section 3) in US NY-NC:
>>
>> All rights not expressly granted by Licensor are hereby reserved,
>> including but not limited to the rights set forth in Sections 4(d) and 
>> 4(e).
>>
>
> *This part I amended as in unported License but 4(e) according to US
> license is dealing with WebCasting Rights and Statutory Royalties I omitted.
> *
>
>>
>> *Section 4c) reference should be 3a) instead of 3b) ("...consistent with
>> section 3b,...")
>>
> Section 4 (c)  - is setting attribution mechanisms, subpoint iv. is about
> attribution in case of Adaptation that is why I specified 3 (b)-Attribution
> instead of 3 (a)-Collections. I think there is no need to make reference to
> Collections in this case?
>
> My apologies - you are right... I must have been confused with so many
> different references...
>
>
>
>> *See above: Moral Rights language is not what we agreed on?
>>
> OK
>
>>
>> *BY-NC-ND: *
>> *
>> *
>> **see above: Preamble refers to the term "work" again?*
>>
>  OK
>
>> **
>>
>> *see above: License Grant: Last sentence should be amended to reflect NC
>> structure? See last sentence of section 3) in US NY-NC-ND.
>>
> *This part I amended as in unported License but 4(e) according to US
> license is dealing with WebCasting Rights and Statutory Royalties I omitted.
> *
>
>>
>> *see above: Moral Rights language is not what we agreed on?
>>
> OK
>
>>
>>
>> *BY-ND:*
>> *
>> *
>> **see above: Preamble refers to the term "work" again?
>> *
>>
> OK
>
>> *
>>
>> *see above: License Grant: Waiver for sui generis database right is listed
>> in a separate numeration whereas in some other licenses (e.g. BY-NC), this
>> section is part of the last sentence of section 3. Please make sure that
>> this is consistent with all six licenses.
>> *
>>
> OK
>
>> *
>> *Restrictions: section 4c): Clarification for sui generis database right
>> refers to section 4a) but not to section 4b)?
>> *
>>
> OK
>
>> *
>>
>> *see above: Moral Rights language is not what we agreed on?
>> *
>>
> OK
>
>> *
>>
>> BY-SA:
>>
>> *Section 1b): definition of "Creative Commons Compatible license" needs to
>> include a reference a reference to the "unported" license as well, see
>> language in the US BY-SA:
>>
>> "Creative Commons Compatible License" means a license that is listed at
>> http://creativecommons.org/compatiblelicenses that has been approved by
>> Creative Commons as being essentially equivalent to this License, 
>> including,
>> at a minimum, because that license: (i) contains terms that have the same
>> purpose, meaning and effect as the License Elements of this License; and,
>> (ii) explicitly permits the relicensing of derivatives of works made
>> available under that license under this License or either a Creative 
>> Commons
>> unported license or a Creative Commons jurisdiction license with the same
>> License Elements as this License.
>> *
>>
> OK
>
>> *
>>
>> *
>> **Restrictions: section 4c): Clarification for sui generis database right
>> refers to section 4a) and 4b) but not to section 4c)? *
>>
> Maybe this is a misprint but no reference to 4 (c) is made.
>
> Yes, I am sorry for the misunderstanding - that's what I meant. There is
> reference to section 4c) but the Clarification for th sui generis database
> right should refer to all other restrictions: 4a), 4b) and *4c)*
>

It seems to me that formulation of sui generis references are based on the
documents that Diane forwarded. However, to be sure, could you please
explain me what kind of restrictions (Section 4) shall be excluded as
non-applicable to database rights, as for me, what I understand from
abovementioned documents, only attribution and sharealike terms shall be
referenced. Am I right? Or they shall refer to all restrictions envisaged by
Section 4 without exception?

>
>
> **
>>
>> *see above: Moral Rights language is not what we agreed on?
>>
> OK
>
>>
>>
>>
>>  Dr. Catharina Maracke
>> catharina AT creativecommons.org
>>
>>
>>
>>
>> On May 1, 2009, at 12:25 PM, Movses Hakobyan wrote:
>>
>> Dear friends,
>> Please have a look at five CC licenses (both in English and Armenian) with
>> different terms and conditions that are adapted to Armenian legislation
>> based on BY-NC-SA License previously approved by colleagues from CCi.
>> In addition, some changes were made into the latter (BY-NC-SA) taking into
>> account recent corrections.
>> Please voice all your remarks and comments/suggestions further to improve
>> wording of Licenses. Thank you in advance.
>>
>> With best regards
>>
>> --
>> Movses Hakobyan
>> Lawyer/Projects Director
>> Internews' Center for Information Law and Policy
>> 3 Arshakunyats Ave, Yerevan 0023, Armenia
>> tel: + 374 10 583620
>> fax: + 374 10 569041
>> www.internews.am
>> www.media.am
>> www.gipi.am
>> <BY_3.0_Armenia-EN (Final_30 Apr 2009).pdf><BY_3.0_Armenia-EN (with
>> tracks_30 Apr 2009).doc><BY_3 0_Armenia_AM (Final_30 Apr 
>> 2009).pdf><BY-NC_3.0_Armenia-EN
>> (Final_30 Apr 2009).pdf><BY-NC_3.0_Armenia-EN (With Tracks_Final_30 Apr
>> 2009).doc><BY-NC_3 0_Armenia_AM (Final_30 Apr 
>> 2009).pdf><BY-NC-ND_3.0_Armenia-EN
>> (Final_30 Apr 2009).pdf><BY-NC-ND_3.0_Armenia-EN (With Tracks_Final_30
>> Apr 2009).doc><BY-NC-ND_3 0_Armenia_AM (Final_30 Apr 
>> 2009).pdf><BY-ND_3.0_Armenia-EN
>> (With Tracks_Final_30 Apr 2009).doc><BY-ND_3.0_Armenia-EN (Final_30 Apr
>> 2009).pdf><BY-ND_3 0_Armenia_AM (Final_30 Apr 2009).pdf><BY-SA_
>> 3.0_Armenia-EN (Final_30 Apr 2009).pdf><BY-SA_ 3.0_Armenia-EN (With
>> Tracks_Final_30 Apr 2009).doc><BY-ND_3 0_Armenia_AM (Final_30 Apr
>> 2009).pdf><License_BY-NC-SA_3.0_Armenia_EN_Final_30 Apr 
>> 2009.pdf><License_BY-NC-SA_3
>> 0_Armenia_AM_FINAL_30 Apr 2009.pdf><BY-SA_3 0_Armenia_AM (Final_30 Apr
>> 2009).pdf>_______________________________________________
>> Cc-south-caucasus mailing list
>> Cc-south-caucasus AT lists.ibiblio.org
>> http://lists.ibiblio.org/mailman/listinfo/cc-south-caucasus
>>
>>
>>
>
>
> --
> Movses Hakobyan
> Lawyer/Projects Director
> Internews' Center for Information Law and Policy
> 3 Arshakunyats Ave, Yerevan 0023, Armenia
> tel: + 374 10 583620
> fax: + 374 10 569041
> www.internews.am
> www.media.am
> www.gipi.am
> <BY_3.0_Armenia-EN (with tracks_18 May 2009).doc><BY-NC_3.0_Armenia-EN
> (With Tracks_Final_18 May 2009).doc><BY-NC-ND_3.0_Armenia-EN (With
> Tracks_Final_18 May 2009).doc><BY-ND_3.0_Armenia-EN (With Tracks_Final_18
> May 2009).doc><BY-SA_ 3.0_Armenia-EN (With Tracks_Final_18 May 
> 2009).doc><BY_3.0_Armenia-EN
> (Final_18 May 2009).doc><BY-NC_3.0_Armenia-EN (Final_18 May 
> 2009).doc><BY-NC-ND_3.0_Armenia-EN
> (Final_18 May 2009).doc><BY-ND_3.0_Armenia-EN (Final_18 May 
> 2009).doc><BY-SA_
> 3.0_Armenia-EN (Final_18 May 2009).doc>
>
>