Creative Commons in the South Caucasus

[Catharina Maracke <catharina AT creativecommons.org>]

Dear Movses,

Many thanks for your patience. I think we have to discuss this again  
in more detail. Since you have divided the term "derivative work" into  
two sections "adaptation" and "collection" we might have difficulties  
in terms of the ND licenses.

It is important to clarify that a collection does not mean to be a  
derivative work for the purpose of the CC licenses and I am afraid we  
are not consistent with other CC licenses such as the unported or US  
when following your suggested structure. I think we have to  
distinguish carefully between the term "collection" and "derivative  
work" which can also be replaced by another term such as  
"adaptation" (or the related definition in the Armenian Copyright law  
for the final Armenian licenses) but it should be clear that a  
collection is separated for the purpose of the CC licenses to assure  
consistency between all CC licenses.

What do you think?

Catharina


Dr. Catharina Maracke
catharina AT creativecommons.org




On Jun 8, 2009, at 7:02 PM, Movses Hakobyan wrote:

> Dear Catharina,
> You are right, in many cases when it is mentioned "Derivative work"  
> it means both Adaptations and Collections. In case of BY-NC, I guess  
> we need to substitute Adaptations to Derivative works IN order to  
> include collections too. If that is what we talking about I will  
> keep on checking all remaining Licenses.
> Thanks
> Movses
>
> On Mon, Jun 8, 2009 at 7:45 PM, Catharina Maracke <catharina AT creativecommons.org 
> > wrote:
> Dear Movses,
>
> Many thanks for the prompt answer. I appreciate all your comments  
> and I think we are in agreement with every detail.
>
> For the sake of clarification, I just want to be sure that I  
> understand things correctly :-))
>
> In the definitions, you have the term "derivative work" separated  
> into two subsections, i) adaptations and ii) collections. Therefore,  
> any time you refer to derivative work in the license you  
> automatically refer to adaptations and collections and you don't  
> need to have a separate license grant allowing to distribute and  
> communicate adaptations. Is this what you have in mind and is my  
> understanding correct? If so, then the BY-NC is drafted differently,  
> meaning referring to adaptations and collections separately and  
> independently, which I found (personally) clearer.
>
> Let me know if I am mistaken - and what you think. In any case, we  
> should be clear and consistent, at least in the final version in  
> Armenian.
>
> Best
>
> Catharina
>
>
> Dr. Catharina Maracke
> catharina AT creativecommons.org
>
>
>
>
> On Jun 5, 2009, at 3:00 PM, Movses Hakobyan wrote:
>
> > Dear Catharina,
> > I received your comments and inserted my notes below
> > Thanks
> > Movses
> >
> > On Fri, Jun 5, 2009 at 2:11 PM, Catharina Maracke <catharina AT creativecommons.org 
> > > wrote:
> > Dear Movses,
> >
> > Thank you very much for sending the amended license drafts!!  
> > Everything looks fine to me, I just found some very small questions  
> > which might only show up in the English versions but I wanted to  
> > make sure that everything is then complete and corrected in the  
> > final licenses in Armenian.
> >
> > All licenses:
> >
> > Preamble: Even if we have already discussed this section, I feel I  
> > have to get back to it. The second sentence now reads "The rights  
> > of the licensor with respect to his/her work are protected by the  
> > republic of armenia law on copyright and related rights  
> > (hereinafter referred to as law), and/or other applicable law." I  
> > find the addition in brackets slightly confusing since in the same  
> > sentence the term "law" is mentioned and would then - strictly  
> > speaking - mean that this is a reference to the Armenian law again?  
> > I think we should just delete the addition term in (brackets).
> > Actually you are right I will delete that.
> >
> > BY-NC-SA
> >
> > License Grant: Section 3d) is missing?
> > I tracked back and found the following from the first draft (with  
> > substantiation)
> >
> > d. to Distribute and Publicly Perform Adaptations. [Point “d” is  
> > deleted because both collections and adaptations are Derivative  
> > Works that are mentioned in the point “c” above].
> > It seemed to me that provision of point "d" is successfully  
> > implemented in the previous (point c of Section 3). However, you  
> > are right.
> >
> > The point "b" as in the unported version is as follows: "to  
> > Distribute and Publicly Perform Adaptations." is it correct or I  
> > should change "Adaptations" to "Derivative works" ?
> >
> > BY-NC
> >
> > In the license grant the term "adaptations" is used instead of  
> > "derivative work". I understand that this is only the English  
> > retranslation and this might have already been corrected in the  
> > original Armenian licenses but I wanted to kindly emphasize that  
> > this should be drafted carefully and consistently.
> > You mean point "d"? If yes I have already changed that.
> >
> > Please let me know your thoughts. If you agree with the above  
> > mentioned comments, it would be nice to have the English versions  
> > finally complete in our files before we move forward and start  
> > working on the xhtml in Armenian.
> >
> > Once again, thanks you very much for your time and energy on this  
> > project! I am very much looking forward to seeing the Armenian  
> > licenses go live!
> >
> > Best regards,
> >
> > Catharina
> >
> >
> > Dr. Catharina Maracke
> > catharina AT creativecommons.org
> >
> >
> >
> >
> > On May 31, 2009, at 2:41 PM, Movses Hakobyan wrote:
> >
> > > Dear friends,
> > > After final revision addressing last comments, I am sending all  
> > > Licenses both in EN and AM, plus BY-NC-SA that also was amended to  
> > > harmonize with all other licenses.
> > > Thanks to all for comments and support.
> > > With best regards
> > > Movses
> > >
> > > --
> > >
> > > 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 <License_BY-NC-SA_3.0_Armenia_EN_FINAL_29 May  
> > > 2009.pdf><License_BY-NC-SA_3 0_Armenia_AM_FINAL_31 May  
> > > 2009.pdf><BY_3.0_Armenia-EN _Final_29 May 2009_.pdf><BY_3  
> > > 0_Armenia_AM _Final_ 31 May 2009_.pdf><BY-NC_3.0_Armenia-EN  
> > > _Final_29 May 2009_.pdf><BY-NC_3 0_Armenia_AM__Final_31 May  
> > > 2009_.pdf><BY-NC-ND_3.0_Armenia-EN _Final_29 May 2009_.pdf><BY-NC- 
> > > ND_3 0_Armenia_AM _Final_31 May 2009_.pdf><BY-ND_3.0_Armenia-EN  
> > > _Final_29 May 2009_.pdf><BY-ND_3 0_Armenia_AM _Final_31 May  
> > > 2009_.pdf><BY-SA_ 3.0_Armenia-EN _Final_29 May 2009_.pdf><BY-SA_3  
> > > 0_Armenia_AM__Final_31 May 2009_.pdf>