Cc-uk mailing list

[Rob Myers <robmyers AT mac.com>]

On 21 Sep 2004, at 13:39, Cory Doctorow wrote:

> * I'm not clear on what "sublicensing the work" means in this context, 
> nor why a user would not be allowed to do so

This is from the original CC license. I'm guessing it means I can't 
take your BY-NC-SA work and BSD it or sell it commercially.

> At very least, I believe we should make NO MENTION of moral rights. An 
> author may or may not choose to assert moral rights, but we're not 
> endorsing such a thing, at least.

Following the previous debate around moral rights I agree that this is 
the best approach. Moral rights are ignored in the US, waivable in the 
UK, and inalienable in Germany. It's best to let them default to the 
local baseline.

> At best, we should require licensees to WAIVE moral rights, as is 
> standard in every UK publishing contract I've ever signed. The reason 
> it is standard is that moral rights allow authors to capriciously 
> destroy collective works in which their creations form a small piece, 
> from magazines to collages.

You'd be waiving paternity and integrity, then getting paternity back 
by BY. :-)

I don't know that many producers would go for this. In particular, if I 
license my work NC so I can later license it commercially, how does 
waiving affect this? Can I waive for a particular licensing, or does it 
have to be a general waiver?

- Rob.