Creative Commons in the South Caucasus

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

Dear Catharina,
It is very nice to come to the conclusion with drafting Licenses. I hope in
a couple of days I will forward all materials for proofreading.
Thank you for expertize
Movses

On Wed, Jun 24, 2009 at 15:47, Catharina Maracke <
catharina AT creativecommons.org> wrote:

> 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*
>
>    1. *"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.
>    2. *"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:
>>
>>    1. 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).
>>    2. Distinguish Collections from Adaptations (instead of derivative
>>    work- As you suggested-Am I right?) with mentioning -"for the purpose of
>>    this license".
>>    3. And finally implement all abovementioned only in BY-ND license.
>>
>> I am looking for your reply
>> Thank you
>> Movses
>>
>>