Cc-uk mailing list

[Prodromos Tsiavos <prodromos.tsiavos AT socio-legal-studies.oxford.ac.uk>]

Dear All,

Thank you for all your previous comments that have been exceptionally 
useful for the development of the latest version of the licence!

There has been a series of developments in relation to the licences in the 
last 
couple of weeks:

1. Together with the BBC legal team we managed to harmonize as much as 
possible 
the two licences. We are close to the point of releasing a single basic text 
as 
the basis for both the licences, but a couple of issues are yet to be 
resolved. 
In particular, we have not reached an agreement in relation to the following 
items:
(a)     territoriality: the BBC – Creative Archive licence is granted only 
within the UK, whereas the CC-UK is a worldwide licence. 
(b)     Non – Endorsement: BBC has introduced an extra Licence Element that 
is 
making sure that the material released under a Creative Archive license is 
not 
endorsed by the BBC, i.e. the Work should not be used in any way that would 
suggest or imply the BBC’s support, association or approval. This is the 
reason 
why the licence will be called the Creative Archive Public Licence and no 
mention of the BBC will be made. 
(c)     Non – Commercial: this is the most difficult issue in relation to the 
harmonization of the two licences. BBC’s clause includes only personal use 
and 
excludes among others “institutional, political or promotional uses”. The CC 
2.0 excludes any use “that is primarily intended for or directed toward 
commercial advantage or private monetary compensation”. The BBC definition is 
much narrower (in relation to the permitted uses) and hence more restrictive 
than the CC 2.0. The BBC is willing to abolish the personal use and move the 
political and institutional elements to the “Non-Endorsement” provision but 
is 
not willing (right now) to accept the US definition. They are afraid that it 
allows indirect commercial uses. So, we are looking for alternative 
definitions 
and any suggestion is welcome!

I have argued to the BBC that asking for more restrictive controls in the Non-
Commercial definition is not really compatible with the Non-Endorsement 
clause: 
if the Creative Archive material is not to be associated with the BBC then 
the 
latter should not have any control over it either, therefore the political 
and 
institutional restrictions should not be included. I have not managed to pass 
the message as yet but will keep trying.  

2. Jonathan Mitchell has repeatedly and very correctly raised the 
jurisdiction 
issue. The version I am currently posting contains only the England and Wales 
jurisdictions but this should be just one of the three available options. I 
am 
open to suggestions on how we should implement the three UK jurisdiction 
options. What would be the substantial differences in each jurisdiction in 
terms of the text of the licence? Any other concrete suggestions for how we 
could implement the three jurisdictions? 

I have also included a provision that is a first attempt to deal with the 
Collecting Societies problem. Please let me know what you think. 

You may find attached three documents:
(a)     the latest version of the CC-UK
(b)     the latest version of the Creative Archive Licence
(c)     a document explaining which changes I have chosen to implement and why

Please let me know what you think.

Best
Prodromos

Attachment: changes index [V4_07].rtf
Description: C:\Documents and Settings\tsiavos\Desktop\desktop papers\changes index [V4_07].rtf

Attachment: BBC_CA_CCUK(v4.07).rtf
Description: C:\Documents and Settings\tsiavos\Desktop\desktop papers\BBC_CA_CCUK(v4.07).rtf

Attachment: BBC_CA(8.2).rtf
Description: C:\Documents and Settings\tsiavos\Desktop\desktop papers\BBC_CA(8.2).rtf