Creative Commons in the South Caucasus

[Catharina Maracke <catharina AT creativecommons.org>]

Dear Movses,

Many thanks for getting back to me on this. Your suggestion sounds  
fine to me if this also fits into Armenian law? If you go for this  
solution, please make sure that in both licenses including the ND  
element (BY-ND and BY-NC-ND) you don't mention the term "derivative  
work" or "adaptation" in the license grant or in Section 7) or 8).

Diane, do you have any objections or concerns?

Thank you very much again to all of you.

Catharina

Dr. Catharina Maracke
catharina AT creativecommons.org




On Jun 22, 2009, at 2:12 PM, Movses Hakobyan wrote:

> Dear Catharina,
> I see we are in the final stage, and just the last question: what do  
> you think if I take over the structure /solution from BY-ND Unported  
> version as below? Is this OK? So, first goes definition of  
> Adaptation that includes "derivative work" (only for the purpose of  
> this License) then "collection" that  will not be considered asan  
> Adaptation and so on.
> Movses
> 1. Definitions
>
> "Adaptation" means a work based upon the Work, or upon the Work and  
> other pre-existing works, such as a translation, adaptation,  
> derivative work, arrangement of music or other alterations of a  
> literary or artistic work, or phonogram or performance and includes  
> cinematographic adaptations or any other form in which the Work may  
> be recast, transformed, or adapted including in any form  
> recognizably derived from the original, except that a work that  
> constitutes a Collection will not be considered an Adaptation for  
> the purpose of this License. For the avoidance of doubt, where the  
> Work is a musical work, performance or phonogram, the  
> synchronization of the Work in timed-relation with a moving image  
> ("synching") will be considered an Adaptation for the purpose of  
> this License.
> "Collection" means a collection of literary or artistic works, such  
> as encyclopedias and anthologies, or performances, phonograms or  
> broadcasts, or other works or subject matter other than works listed  
> in Section 1(f) below, which, by reason of the selection and  
> arrangement of their contents, constitute intellectual creations, in  
> which the Work is included in its entirety in unmodified form along  
> with one or more other contributions, each constituting separate and  
> independent works in themselves, which together are assembled into a  
> collective whole. A work that constitutes a Collection will not be  
> considered an Adaptation (as defined above) for the purposes of this  
> License.
>
>
> On Fri, Jun 19, 2009 at 17:46, Catharina Maracke <catharina AT creativecommons.org 
> > wrote:
> Dear Movses,
>
> Many thanks for your reply! I think your suggestion sounds fine and  
> we should go ahead. As mentioned, it would be important to clearly  
> separate collections and adaptations (or any other appropriate term  
> for "adaptation" depending on local Copyright law) so that we can  
> clarify that both ND licenses (BY-ND and BY-NC-ND) don't allow for  
> derivative works but still allow to distribute and publicly perform  
> the work including as incorporated in collections.
>
> My apologies for not being aware of this earlier - sometimes some  
> final questions only come up at the very last minute.
>
> Could you revise the licenses and send back to us for final  
> proofreading?
>
> Thank you very much.
>
> Catharina
>
>
> Dr. Catharina Maracke
> catharina AT creativecommons.org
>
>
>
>
> On Jun 16, 2009, at 2:17 PM, Movses Hakobyan wrote:
>
> > Dear Catharina,
> > Back to our discussions on the first license BY-NC-SA, I made  
> > "derivative work" to include both adaptations and collections based  
> > on the provisions of Armenian Copyright Law. At that time we agreed  
> > to follow that formulation to be in line with Law at least for this  
> > point. However, in order to find optimal solution I separated  
> > adaptations and collections within "derivative work" definition to  
> > address them separately in the wording of License.
> > So, on this point, what I can suggest (BY-ND License) is:
> > Keep two definitions (Adaptation and Collection) intact but remove  
> > the note on derivative work (Section 1.a) as it is appeared in  
> > Unported version (BY-ND License).
> > Distinguish Collections from Adaptations (instead of derivative  
> > work- As you suggested-Am I right?) with mentioning -"for the  
> > purpose of this license".
> > And finally implement all abovementioned only in BY-ND license.
> > I am looking for your reply
> > Thank you
> > Movses
> >
> > On Mon, Jun 15, 2009 at 20:55, Catharina Maracke <catharina AT creativecommons.org 
> > > wrote:
> > 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>
>
>
>
>
> --
> Movses Hakobyan
> Lawyer/Project Director
> Internews' Centre 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