Creative Commons in the South Caucasus

[Catharina Maracke <catharina AT creativecommons.org>]

Dear Movses,

Thanks for the swift response! Regarding Moral Rights, your suggestion  
sounds perfectly fine to me. As you said "Non-economic rights (Moral  
Rights) of the Author and Performer remain unaffected to the extent  
they are recognized and not waivable by applicable law."  basically  
doesn't differ from my suggestion.

Regarding the Database Rights clarification, it should be implemented  
in the restriction section after the BY, SA, NC "restrictions" but  
before the CS language (in all licenses including the NC element, the  
CS appears in the "restriction section") and before the Moral Rights  
wording, which should always be the last section under 4.  
Consequently, the clarification has to refer to the all of these  
restrictions.

As an example, in the German license, we have implemented the Database  
clarification language as follows:

BY: as section 4c) referring to 4a) and 4b)

BY-SA: as section 4d) referring to 4a), 4b) and 4c)

BY-NC-SA: as section 4e) referring to 4a) - 4d)

BY-NC: as section 4d) referring to 4a), 4b), 4c)

BY-NC-ND: as section 4d) referring to 4a), 4b), 4c)

BY-ND: as section 4c) referring to 4a) and 4b)

I hope this is helpful?

Catharina

Dr. Catharina Maracke
catharina AT creativecommons.org




On May 20, 2009, at 12:01 PM, Movses Hakobyan wrote:

> 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) 
>   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>