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  • From: Rob Myers <robmyers AT mac.com>
  • To: cc-uk AT lists.ibiblio.org
  • Subject: Re: [Cc-uk] CC-UK license draft v.3.0 (rfc)
  • Date: Tue, 21 Sep 2004 17:07:53 +0100

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.





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